January 10, 2025 – A recent decision by the California Court of Appeal has provided important clarification regarding the enforcement of old support orders and divorce judgments. In In re Marriage of York Goldman (D082021, decided January 10, 2025), the court examined whether a former spouse could still collect financial provisions from a 2009 divorce judgment, despite a significant delay in enforcement.

At the Law Office of Steve Lopez, we believe it's crucial to keep the public informed about new legal developments that may impact their rights. If you have an old child or spousal support order, this case may affect your ability to collect what is owed.

Court's Ruling: Support Orders Are Enforceable, But Delay Matters

California Family Code § 291(a) states that a money judgment for child, family, or spousal support remains enforceable until it is paid in full or otherwise satisfied. Unlike other types of judgments, support orders do not expire and do not need to be renewed every 10 years.

However, the court in York Goldman confirmed that the equitable defense of laches—which prevents enforcement if there was an unreasonable delay that prejudiced the debtor—can apply to certain claims in divorce judgments. While laches does not apply to child or spousal support, it may bar the collection of other financial obligations in a marital settlement agreement (MSA).

What This Means for People Owed Support

If you have an old support order and want to enforce it, this decision highlights the importance of acting sooner rather than later. Before filing a claim, consider the following:

• Is your claim for unpaid child or spousal support? If so, it remains collectible indefinitely, and the defense of laches does not apply.
• Have you attempted to collect before? If you have made past efforts to enforce the order, it strengthens your case.
• Has the delay caused prejudice to the other party? If key records or witnesses are no longer available, the court may deny enforcement.
• Are interest and penalties increasing? California law imposes a 10% annual interest on unpaid support, which can significantly increase the total amount owed over time.

Steps to Take Now

Given this new ruling, individuals with old support orders should:

1. Review Their Court Judgment – Obtain a copy of the original order and determine what has or has not been paid.
2. Calculate Any Interest Owed – Unpaid amounts accrue interest, potentially making enforcement worthwhile.
3. Consult a Family Law Attorney – A legal expert can evaluate whether your claim is still enforceable and what defenses may arise.

Stay Informed & Protect Your Rights

This January 10, 2025 decision in York Goldman is a reminder that the legal landscape is always evolving. If you are seeking to collect an old support obligation or enforce a divorce judgment, you need up-to-date legal advice to protect your financial rights.

At the Law Office of Steve Lopez, we stay ahead of legal developments so you don't have to. Call us today for a consultation and find out how this ruling may impact your case.