Enforcement of Marital Dissolution Judgments in California

General Law Regarding Enforcement of Marital Dissolution Judgments "A judgment or order made or entered pursuant to the statutory provisions governing family law may be enforced by the court by execution, the appointment of a receiver, or contempt, or by any other order as the court in its discretion determines from time to time to be necessary." ( 290.) "Thus, the Family Code generally confers on the trial court broad discretion to select appropriate enforcement remedies and terms; and, in exercising that discretion, to take the equities of the situation into account citations." (Hogoboom et al., Cal. Practice Guide: Family Law (The Rutter Group 2008) P 18:1.5, p. 18-1.) In addition, some civil remedies provided for the enforcement of judgments generally may be available, including liens, executions, and wage garnishment. (Code Civ. Proc., 680.010--694.090.) However, the specific civil statutory provisions relating to the period for enforcement and renewal of judgments "does not apply to a judgment or order made or entered pursuant to the Family Code" with a few exceptions not applicable here. (Code Civ. Proc., 683.310; see also Hogoboom et al., Cal. Practice Guide: Family Law, supra, P 18:3, pp. 18-3 to 18-4 rules regarding the "10-year limitations period on enforcing general civil judgments . . . are not applicable".) Code of Civil Procedure section 683.310 provides, "Except as otherwise provided in the Family Code, this chapter titled Period for Enforcement and Renewal of Judgments does not apply to a judgment or order made or entered pursuant to the Family Code." To the contrary, "A judgment described in this section is exempt from any requirement that a judgment be renewed. Failure to renew a judgment described in this section has no effect on the enforceability of the judgment." ( 291, subd. (b).) Parties have the option of renewing the judgment to update the amount owed to reflect installments that have come due, plus costs and interest, but renewal is not essential to enforcement. ( 291, subd. (c); Hogoboom et al., Cal. Practice Guide: Family Law, supra, P 18:3.7, p. 18-5.) Finally, the code provides a money judgment, including judgments for child, family or spousal support, are enforceable "until paid in full or otherwise satisfied." ( 291, subd. (a).) As noted above, the trial court in exercising its discretion when considering the appropriate means to enforce a Family Code judgment, should consider the equities of the situation. (Hogoboom et al., Cal. Practice Guide: Family Law, supra, P 18:4, p. 18-5.) "The absence of a statutory limitations period on the enforcement of Family Code judgments generally does not preclude application of the equitable doctrine of laches--the defense of unreasonable delay in taking enforcement action to the prejudice of the judgment debtor." (Hogoboom et al., Cal. Practice Guide: Family Law, supra, P 18:5, p. 18-5.)