Moyse

We consider whether Family Code section 4502, subdivision (c), 1 applies retroactively and bars a parent from relying on laches to defend an action to enforce a child support order. We hold that it does and affirm the Court of Appeal.

I. Facts and Procedural Background

In June 1985, a New York court ordered Darrin Fellows to pay $50.00 a week in child support to Mary Ann Moyse. Over 17 years later, Moyse registered the child support order in California. She alleged that Fellows had never made support payments and owed her $26,000. plus interest. Fellows sought to vacate the registration asserting, among other things, a laches defense.

The trial court denied Fellows’s motion to vacate, confirmed the registration, and ordered arrearage payments of $20,800. The court noted that Moyse “testified that no child support payments were made,” while Fellows “testified [that] all child support payments were made.” Both parties “called corroborating witnesses supporting their respective testimony.” The court found that Fellows failed to establish, “by a preponderance of the evidence, that the child support was paid.”

The trial court applied section 4502, subdivision (c) (section…