In Re Marriage of Stutz

In 1973, an interlocutory judgment of dissolution of marriage was entered requiring appellant husband to pay certain sums to respondent wife for the support of their two minor children. The judgment also incorporated certain provisions of a “Stipulation Regarding Division of Community Property.” As a result of appellant’s failure to make any payments for the support of his children, respondent received aid to families with dependent children from 1973 until 1979 when the parties apparently reconciled.

The District Attorney for San Joaquin County secured an order modifying the decree of dissolution, which directed that payment of the ordered child support be made through the family support division of that office.

On August 24, 1979, the family support division secured a wage assignment order directing payment of $150 per month on the current support obligation and $50 per month on the amount of child support determined to be past due.

Appellant appeals the denial of his petition to set aside that order and raises two contentions: (1) that Civil Code section 4701 does not authorize wage assignments for past-due child support payments; and (2) that by continuing to…