In Re Marriage of Anderson

Karina Lynnette Anderson appeals the trial court’s denial of her motion for an assignment of salary or wages under Civil Code section 4701, subdivision (b), as against John David Anderson, her former husband.

Facts

On January 14, 1980, Karina noticed a motion for the salary assignment of $80 per month for current support plus $20 for arrearages. The motion was supported by points and authorities and the declaration of the court trustee stating that an arrearage of $1,134.10 existed.

John filed a responsive declaration alleging that he did not consent to the order of assignment of salary; that he had heard nothing from Karina between January 12, 1973, and December 8, 1978, although he had made periodic efforts to ascertain her whereabouts; that the only address he was provided was that of her mother; and that he had been unable to contact Karina or his son and had had no visitation with his son.

Karina thereupon filed additional points and authorities in support of her motion together with a declaration in which she alleged that John knew how to reach her at her place of employment; that she had given John’s telephone number to their son and urged him to call his…