Fear Not Law Articles: MARY v. DARRIN

MARY v. DARRIN

Filed 7/20/06

IN THE SUPREME COURT OF CALIFORNIA

In re the MARRIAGE of MARY ANN and )

DARRIN FELLOWS. )

)

MARY ANN MOYSE, )

)

Respondent, )

) S127874

v. )

) Ct.App. 3 C044636

DARRIN FELLOWS, )

) Shasta County

Appellant. ) Super.Ct.No. 146580

__________________________________ )

We consider whether Family Code section 4502, subdivision (c),^[1] applies retroactively and bars a parent from relying on laches to defend an action to enforce a child support order. We hold that it does and affirm the Court of Appeal.

I. Facts And Procedural Background

In June 1985, a New York court ordered Darrin Fellows to pay $50.00 a week in child support to Mary Ann Moyse. Over 17 years later, Moyse registered the child support order in California. She alleged that Fellows had never made support payments and owed her $26,000 plus interest. Fellows sought to vacate the registration asserting, among other things, a laches defense.

The trial court denied Fellows's motion to vacate, confirmed the registration, and ordered arrearage payments of $20,800. The court noted that Moyse â€

Description	Family Code Sec. 4502(c), which was enacted in 2002 and limits laches defense in child support disputes to those portions of judgment owed to state. Applies retroactively to bar a parent from relying on laches to defend an action to enforce a child support order. Where woman sought to enforce child support order against child's father more than 17 years after it was issued, trial court, after finding that father failed to establish payment of child support, properly denied father's motion to vacate on basis of laches defense.
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