Cordero

I. Introduction

This case illustrates the harsh effect of the literal operation of our spousal support collection statutes combined with a high rate of legal interest. Our *655 colleagues in Division Two of this appellate district attempted to amelonate that harshness in In re Marriage of Plescia (1997) 59 Cal.App.4th 252 [ 69 Cal.Rptr.2d 120 ], which allowed a common law laches defense to spousal support collection. As we explain below, Plescia was “incorrectly” decided insofar as it applied to collection efforts within the old 10-year period that a payee spouse had to renew a support judgment. Even so, the Plescia decision represents an effort by the judiciary to temper what can be, in certain cases at least—and the case before us is certainly one of them—some very onerous and inequitable results where a spouse forbears a substantial period of time before attempting to collect on a support order. We therefore recommend to the Legislature that it codify the rule articulated in Plescia to allow laches defenses to spousal support collection efforts in appropriate circumstances.

As for the case in front of us, we are spared both the need (a) to apply statutes which would…