Fogarty

Fogarty v. Rasbeary

Good Law
78 Cal. App. 4th 1025
Court of Appeal of CaliforniaMarch 14, 2000No. B124533California4,581 words

Opinion

Lead Opinion

Nott, J.

In 1992, the law was amended to provide that judgments for child, family or spousal support were exempt from any requirement for renewal, and were enforceable until paid in full. Notwithstanding that amendment, Division Two of the Fourth District held the defense of laches was still available to thwart a stale attempt at enforcement of a judgment for past due spousal support. (In re Marriage of Plescia (1997) 59 Cal.App.4th 252 [ 69 Cal.Rptr.2d 120 ] (Plescia).)

In this opinion, we extend the holding of Plescia to apply also to past due child support.

Background

Melanie J. Fogarty appeals from a decision denying her request to correct a renewed judgment for past due child support against her former husband, respondent Ronald Rasbeary. She also appeals from the trial court’s order granting respondent’s motion to set aside the renewal of the judgment.

The marriage of appellant and respondent was dissolved in mid-1976. Their union had produced a daughter, Renee, born on December 17, 1967.

The record shows that appellant and respondent were initially not good parents, leading the maternal grandparents (Ron and Chrystal Garside) to *1357 remove Renee from the parties’…

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