Governor Signs Lieu Bill that Helps Spouses and Children

Sacramento , CA – Late yesterday, Governor Schwarzenegger signed AB 2126 by Assembly Member Ted Lieu (D-Torrance). This bill will make it easier for spouses and children to collect support payments. AB 2126 removes two shorter enforcement periods and applies the longest possible enforcement period for all support judgments.

“Divorce is always difficult on a family, especially when children are involved” said Assembly Member Lieu. “Applying the longest possible enforcement period for all judgments, and allowing that to renew, will help ensure child and spousal support payments are paid.”

The Family Code is unnecessarily perplexing because there are three different rules for enforcing money, property and custody orders. This is particularly important because most family law litigants are self-represented and handle these matters on their own in the legal system. AB 2126 will make the process less confusing by establishing one, consistent rule for all orders: a Family Code money judgment for possession or sale of property would be enforceable until fully satisfied and could be voluntarily renewed to update the amount owing.

According to the Family Law Section of the State Bar, “many factors weigh in favor of a simplified rule, including the fact that family law proceedings can have a profound effect on the economic stability and welfare of former spouses and their dependent children, special pressures in family law cases may delay the enforcement of a judgment, and the need for simplicity in the law because of the unusual prevalence of self-represented litigants in family law cases.”

AB 2126 also takes a positive step forward by requiring the state to make self-help resources available to families who are dealing with divorce. The materials include practical advice on how to avoid disputes relating to the enforcement of a child or spousal support obligation.

AB 2126 implements the California Law Revision Commission’s recommendation on “Enforcement of Judgments under the Family Code.”

AB 2126 will become law on January 1, 2007.