Philip

Effective January 1, 2003, the Legislature amended Family Code section 4502 to eliminate the equitable defense of laches in actions brought by an individual to enforce a judgment for child, family or spousal support. We conclude that laches was previously a defense to an action for child support arrearages, and that the amendment does not apply to cases like the one before us, which were heard before the amendment’s effective date. We further conclude the trial court did not abuse its discretion when it ruled that laches barred appellant Patricia Garcia (mother) from recovering child support arrearages from her former husband respondent Philip Garcia (father).

BACKGROUND

Mother and father were married and have three children; Manuel, bom in 1979, Nichole, bom in 1982, and Vincent, bom in 1983. The marriage dissolved in 1988 and father was ordered to pay child support to mother in an amount of $124.33 per month per child. Father was obligated to maintain health insurance for the children, and each parent was required to pay half of their uncovered medical expenses.

The children lived with mother from the time their parents separated until the summer of 1989, when they…