Michel v. Michel
| Citation | 384 N.Y.S.2d 381,86 Misc.2d 774 |
| Parties | In the Matter of Marion E. MICHEL, Petitioner, v. Robert P. MICHEL, Respondent. |
| Decision Date | 02 June 1976 |
| Court | New York Family Court |
The question raised is whether a pension under the New York State Policemen's and Firemen's Retirement System (Retirement and Social Security Law, Article 8) is subject to a wage deduction order under Personal Property Law, Section 49--b. This court holds in the affirmative.
This case originated by petition for enforcement of a Rensselaer County Supreme Court decree of divorce, brought by the petitioner against her former husband, a retired New York State policeman, to obtain support for the two minor children of their marriage. The divorce decree incorporated the prior separation agreement between the parties, but the separation agreement did not merge therein. The separation agreement provided for child support of $65.00 total for both children. Since the divorce decree did not give the Supreme Court exclusive jurisdiction to enforce or modify its decree, this court has concurrent jurisdiction to do so. Family Court Act, Sections 466, 461. An order of this court entered October 16, 1975, enforced the separation agreement amount of $65.00 per week for the support and maintenance of both children to be paid to the Rensselaer County Probation Department for remittance to the petitioner, but permitted the respondent to pay $30.00 total per week for the period in which he was disabled from performing the duties of his regular employment, with the arrears to accrue. At present, the respondent's sole income is his disability pension from the New York State Policemen's and Firemen's Retirement System.
Section 410 of the Retirement and Social Security Law specifically exempts such pensions from 'execution, garnishment, attachment, or any other process whatsoever,' (subd. 2) and prohibits the assignment of such pensions except as specifically provided in Article 8 of the Retirement and Social Security Law. However, this general exemption from attachment, garnishment or assignment does not apply to claims for support of the pensioner's own children, 'on the theory that an adjudication of alimony or...
To continue reading
Request your trial
-
M. H. v. J. H.
...133 N.Y.S.2d 49; Epstein v. Epstein, 10 Misc.2d 572, 169 N.Y.S.2d 946; Fox v. Fox, 9 Misc.2d 1092, 168 N.Y.S.2d 815; Michel v. Michel, 86 Misc.2d 774, 384 N.Y.S.2d 381. The Court of Appeals has stated that "statutory limitations on, and exemptions from execution, and the like, serve the com......
-
Cody v. Riecker
...App. Div. 656, 172 N.Y.S. 401 (1 Dept. 1918); Zwingmann v. Zwingmann, 150 App.Div. 358, 134 N.Y.S. 1077 (2 Dept. 1912); Michel v. Michel, 86 Misc.2d 774, 384 N.Y.S.2d 381 (Family Ct. Rensselaer County 1976). Plaintiffs contend that the ERISA provision which required inclusion in the trust d......
-
Cody v. Riecker, 506
...480, 278 N.Y.S. 16 (1st Dept. 1935); Zwingmann v. Zwingmann, 150 App.Div. 358, 134 N.Y.S. 1077 (2d Dept. 1912); Michel v. Michel, 86 Misc.2d 774, 384 N.Y.S.2d 381 (Family Ct., Rensselaer County 1976), except to the extent that such state law is preempted by ERISA. That statute does contain ......
-
Aurora G. v. Harold Aaron G.
...a child. Matter of M. H. v. J. H., 93 Misc.2d 1016, 403 N.Y.S.2d 411 (Fam.Ct.Qns.Co., 1978). See also Matter of Michel v. Michel, 86 Misc.2d 774, 384 N.Y.S.2d 381 (Fam.Ct., Ren.Co., 1976). The TIAA contract herein is not a pension contract per se. The provisions of and payments under, the T......