Garcia

This is an appeal from a judgment on appellant’s order to show cause (OSC) to establish, and direct payment of, child and spousal support arrearages. What is unusual is that the OSC was brought nearly 30 years after final judgment of divorce was entered. We must decide which version of the family law enforcement statutes, and which particular provisions, apply to the situation at hand. We conclude that the pre-1993 enforcement scheme applies, but that within that scheme, the trial court misinterpreted and misapplied various provisions. Accordingly, we reverse the judgment and remand for a further hearing and resolution compatible with teachings of this opinion.

I. Facts

Appellant Viola M. Garcia and respondent Levi B. Garcia married on December 28, 1950, and separated on September 1, 1961. The interlocutory judgment of dissolution, filed June 10, 1966, directed Levi to pay Viola $200 per month in child support for their four children, 1 and $25 a month in spousal support, until further order of the court. Final judgment of divorce was entered December 21, 1967.

Levi remarried December 23, 1967. From 1966 to 1972 Levi paid support totaling $6,750 to the Family Support…