Mitchell v. Mitchell

OPINION OF THE COURT

Bernard F. McCaffrey, J.

This motion by defendant to vacate an income execution and cross motion by plaintiff for attorneys’ fees are determined as hereinafter provided.

The parties to this postjudgment matrimonial action were divorced, pursuant to a November 10, 1975 divorce judgment, which directed the defendant to pay plaintiff $115 per week in maintenance and child support.

Thereafter, on or about July 12, 1988, defendant served an income execution for support enforcement upon defendant’s employer, Gulf & Western, alleging a failure of regular support payments since 1976.

D…