County Trust Co. v. Berg

This is an application by the judgment debtors, pursuant to CPLR 5231 (subd. [b]), to vacate an income execution.

*534It is contended by the moving party that an income execution can issue only where the judgment debtor is receiving a net take-home pay of over $85 a week. The judgment creditor contends that the controlling amount is the gross salary rather than the net take-home pay. The judgment debtor alleges that she earns a gross weekly salary of $119.86, but that her take-home pay, after deducting withholding taxes, pension and health insurance payments, is $82.12 a week: This controversy is…