Enforcement of Family Law Judgments and Orders

Division 2, Part 6 of California’s Family Code deals with the enforcement of judgments and orders. Section 290 states that a judgment or order made or entered 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.

Section 291provides that a money judgment or judgment for possession or sale of property that is made or entered, including a judgment for child, family, or spousal support, is enforceable until paid in full or otherwise satisfied. Also, 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.

In addition, a judgment described in this section may be renewed. An application for renewal of a judgment, whether or not payable in installments, may be filed in two specified circumstances. 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 that is owed to the state.

Section 292 required the Judicial Council to modify the title of its existing form, “Order to Show Cause and Declaration for Contempt (Family Law),” to “Order to Show Cause and Affidavit for Contempt (Family Law).” It also required the Judicial Council to prescribe a form entitled “Affidavit of Facts Constituting Contempt” that a party seeking to enforce a judgment or order made or entered pursuant to this code by contempt may use as an attachment to the Judicial Council form entitled “Order to Show Cause and Affidavit for Contempt (Family Law).” The form shall provide in the simplest language possible three specified items.