Lang

In this case we hold that a superior court cannot require requests for wage assignments for payment of child support or arrearages of child support to be brought upon noticed motion, and cannot refuse a proper ex parte request for a wage assignment for the payment of reasonable attorneys’ fees for obtaining the wage assignment. A local rule which so requires is invalid because it is inconsistent with statutory law and the California Rules of Court.

Claiming an arrearage owing for child support, Joyce A. Lang filed an ex parte application with respondent Santa Clara Superior Court requesting a wage assignment for payment on the amount of the claimed arrearage, for current child support, and for attorneys’ fees for obtaining the wage assignment. Respondent court refused to consider the request on an ex parte application, because its local rules require that applications for wage assignments for arrearages and attorneys’ fees must be heard on noticed motion. Joyce has petitioned this court for a writ of mandate to compel respondent court to issue the requested order on an ex parte basis. We offered real party in interest, Warren G. Lang (Joyce’s former husband), the…