Section § 290

Explanation

This law explains that if a court makes a decision or order related to family matters, it can enforce that decision in several ways. The court might use methods like appointing a receiver, using contempt of court, or any other way it thinks is needed to make sure the order is followed. Basically, the court has a lot of flexibility to ensure its orders are respected.

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.

Section § 291

Explanation

This section explains that any court-ordered money judgment, like those for child, family, or spousal support, is enforceable until it's fully paid off. You don't have to renew these judgments to keep them enforceable. However, you can still officially renew them, especially if the amounts are past due. If a renewal has already been done, a further renewal can be filed if five years have passed since the last one. In cases involving support owed to the state, the person being sued might argue that it's too late to force payment, but not for private obligations. After the person owed money passes away, other rules kick in about judgment enforcement. The Judicial Council has to create easy-to-understand guides explaining how to enforce these judgments and avoid related disputes. Also, 'judgment' here means any court order for money.

(a)CA Family Law Code § 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)CA Family Law Code § 291(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)CA Family Law Code § 291(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)CA Family Law Code § 291(c)(1) If the judgment has not previously been renewed as to past due amounts, at any time.
(2)CA Family Law Code § 291(c)(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)CA Family Law Code § 291(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)CA Family Law Code § 291(e) Nothing in this section supersedes the law governing enforcement of a judgment after the death of the judgment creditor or judgment debtor.
(f)CA Family Law Code § 291(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)CA Family Law Code § 291(g) As used in this section, “judgment” includes an order.

Section § 292

Explanation

This section instructs the Judicial Council to update the title of a family law form to 'Order to Show Cause and Affidavit for Contempt,' and to create a new form called 'Affidavit of Facts Constituting Contempt.' This new form helps someone enforce a court order by explaining what information they need to include, like the essential elements of a contempt action, and provides instructions for filling out and submitting it. The form has to be written clearly to be understandable, and includes spaces for the date and a signature under oath. Additionally, rules from another legal section apply to these forms.

(a)CA Family Law Code § 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)CA Family Law Code § 292(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)CA Family Law Code § 292(b)(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)CA Family Law Code § 292(b)(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)CA Family Law Code § 292(b)(3) Lines for the date and a signature made under penalty of perjury.
(c)CA Family Law Code § 292(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.