CALIFORNIA FAMILY LAW
...Enforcement
......Support Orders
.........Defenses Discussed
............Laches
 13 Cards On This Topic:
  • Laches defense only available with regard to support owed to state.
  • Laches defense has been abolished retroactively by the Legislature.
  • Laches defense available where, despite agreements and shared custody, W sought c/s enforcement 12 years after order entered, and Cs were adults. [Disapproved]
  • 2003 amendment to FC 4502 eliminating laches defense in individual enforcement actions for support, not applicable to cases heard before amendment's effective date. [Disapproved]
  • Laches is not available as a defense to support arrearages; Plescia wrongly decided; Legislature should codify Plescia rule.
  • Laches defense unavailable despite arguably unreasonable 13-year delay in seeking c/s where record didn't show delay caused undue prejudice.
  • Trial ct. did not abuse its discretion in finding W's 12-year delay in seeking support arrears, although one C still a minor, unreasonable and laches applicable.
  • Court should consider age of any minors still living at home in determining whether an obligee spouse's delay in pursuing support arrearages is unreasonable.
  • Laches defense not established although W waited 30 years before bringing action for c/s arrearages where delay not unreasonable and no prejudice to H.
  • Laches is an equitable remedy; not available as defense where H shows no prejudice and has unclean hands.
  • Defense of laches available to thwart stale attempt at enforcement of judgment for past due child support; Plescia extended.
  • Abuse of discretion is appropriate standard of review for allowance or disallowance of laches as affirmative defense.
  • Super. ct. properly invoked laches defense where W waited over 9 years to attempt to collect on spousal support judgment.


    •