In Re Marriage of Olivarez

Los Angeles County Meat Packing Industry and Butchers Union, Local 563, AFL-CIO Pension Plan and Butchers Provision Workers Pension Fund of Southern California (Trusts) appeal from an order of the court dated May 14, 1985, awarding attorney’s fees and costs in favor of Alice Navarro Olivarez (Alice) against the Trusts.

Factual and Procedural Statement

In the judgment of dissolution of the marriage of Alice and Raymond C. Olivarez (Raymond), Alice was awarded one-half of Raymond’s earned pension credits and Raymond was also ordered to make spousal support payments to her.

Prior to October 25, 1984, Alice filed an application for an order to show cause why she should not be entitled to execute the judgment, for spousal support arrearages, against Raymond’s share of the pension credits. In her supporting papers Alice asserted that Raymond quit his job, applied for retirement benefits, and disappeared. She also claimed that the pension benefits at issue are the only assets from which she could satisfy the judgment.

In their opposition papers filed October 25, 1984, the Trusts took the position that an order assigning Raymond’s share of the pension benefits to Alice would…