In Re Marriage of Hamer

Chris C. Hamer timely appeals from an order quashing a wage assignment that she obtained in April 1998 against her former husband, respondent Greg A. Hamer, to compel payment of certain child and spousal support arrearages for the period November 1993 through May 1997. The trial court found that, by her conduct, Chris waived any right to collect the unpaid support, which was computed under the terms of the final judgment entered on November 12, 1993, in the dissolution action.

We conclude that the trial court’s order quashing the wage assignment is contrary to case law and statutes governing the enforcement of support orders, and that it is not supported by substantial evidence. Nor can the portions of the order relating to collection of child support be sustained, as Greg urges, as an exercise of the trial court’s inherent power to craft an “equitable” remedy. Thus, the trial court’s order will be reversed.

I. Factual and Procedural Background

Chris filed a petition for dissolution in Ventura County Superior Court on December 4, 1992. An order for temporary child and spousal support was made on December 23, 1992, and, pursuant to stipulation, Chris was permitted to…