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IN RE MARRIAGE OF FELLOWS

No. C044636.

17 Cal.Rptr.3d 325 (2004)

In re the MARRIAGE of Mary Ann and Darrin FELLOWS. Mary Ann Moyse, Respondent, v. Darrin Fellows, Appellant.

Court of Appeals of California, Third District.

Review Granted December 1, 2004.

Attorney(s) appearing for the Case

Enochian & Kenny and Mark D. Norcross, Redding, for Appellant.

Edgar J. Lana and Robert J. McNair for Respondent.

ROBIE, J.

Does Family Code section 4502, subdivision (c)—barring an obligor spouse from asserting the defense of laches in an action to recover child, family, or spousal support—apply retroactively to facts that occurred before its enactment? Yes.

FACTUAL AND PROCEDURAL BACKGROUND

In June 1985, Darrin Fellows was ordered to pay child support to Mary Ann Moyse. Seventeen years later, on...

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