BILL NUMBER: SB 1658	CHAPTERED  08/28/02

	CHAPTER  304
	FILED WITH SECRETARY OF STATE  AUGUST 28, 2002
	APPROVED BY GOVERNOR  AUGUST 28, 2002
	PASSED THE SENATE  AUGUST 14, 2002
	PASSED THE ASSEMBLY  AUGUST 12, 2002
	AMENDED IN ASSEMBLY  JULY 2, 2002
	AMENDED IN ASSEMBLY  JUNE 19, 2002
	AMENDED IN SENATE  MAY 14, 2002

INTRODUCED BY   Senator Soto

                        FEBRUARY 21, 2002

   An act to amend Section 4502 of the Family Code, relating to
support.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1658, Soto.  Support:  laches.
   Existing law provides that a judgment for child, family, or
spousal support is enforceable until paid in full and is exempt from
any requirement that judgments be renewed.
   This bill would permit, in an action to enforce a judgment for
child, family, or spousal support the defendant, to raise, and the
court to consider, the defense of laches only with respect to any
portion of the judgment owed to the state.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4502 of the Family Code is amended to read:
   4502.  (a) Notwithstanding any other provision of law, a judgment
for child, family, or spousal support, including a judgment for
reimbursement that includes, but is not limited to, reimbursement
arising under Section 17402 or other arrearages, including all lawful
interest and penalties computed thereon, is enforceable until paid
in full and is exempt from any requirement that judgments be renewed.

   (b) Although not required, a judgment described in subdivision (a)
may be renewed pursuant to the procedure applicable to money
judgments generally under Article 2 (commencing with Section 683.110)
of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil
Procedure.  As provided in subdivision (a), the option of renewing
the judgment has no effect on the enforceability of the amount due.
An application for renewal of a judgment described in subdivision
(a), whether or not payable in installments, may be filed:
   (1) If the judgment has not previously been renewed as to past due
amounts, at any time.
   (2) If the judgment has previously been renewed the amount of the
judgment as previously renewed and any past due amount that became
due and payable after the previous renewal may be renewed at any time
after a period of at least five years has elapsed from the time the
judgment was previously renewed.
   (c) In an action to enforce a judgment for child, family, or
spousal support, the defendant may raise, and the court may consider,
the defense of laches only with respect to any portion of the
judgment owed to the state.