SECTIONS 290-292 - California Statutes

FAMILY.CODE

SECTION 290-292

290. A judgment or order made or entered pursuant to this code 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.

291. (a) A money judgment or judgment for possession or sale of
property that is made or entered under this code, including a
judgment for child, family, or spousal support, is enforceable until
paid in full or otherwise satisfied.
(b) 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.
(c) A judgment described in this section may be renewed pursuant
to 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. An
application for renewal of a judgment described in this section,
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.
(d) 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.
(e) Nothing in this section supersedes the law governing
enforcement of a judgment after the death of the judgment creditor or
judgment debtor.
(f) On or before January 1, 2008, the Judicial Council shall
develop self-help materials that include: (1) a description of the
remedies available for enforcement of a judgment under this code, and
(2) practical advice on how to avoid disputes relating to the
enforcement of a support obligation. The self-help materials shall be
made available to the public through the Judicial Council self-help
Internet Web site.
(g) As used in this section, "judgment" includes an order.

292. (a) The Judicial Council shall 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)."
(b) The Judicial Council shall 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:
(1) The basic information needed to sustain a cause of action for
contempt, including, but not limited to, the elements of a cause of
action for contempt.
(2) Instructions on how to prepare and submit the Order to Show
Cause and Affidavit for Contempt (Family Law) and the Affidavit of
Facts Constituting Contempt.
(3) Lines for the date and a signature made under penalty of
perjury.
(c) Section 1211.5 of the Code of Civil Procedure shall apply to
the Order to Show Cause and Affidavit for Contempt (Family Law) and
the Affidavit of Facts Constituting Contempt.