United States v. Fleming

OPINION

PRESLAR, Chief Justice.

This case involves the question of whether military retirement pay is subject to garnishment, and the further question of the constitutionality of prejudgment garnishment. The trial Court rendered judgment for Appellee, Carmen Fleming, against the Defendant-garnishee, The United States of America, requiring the United States to turn over the military retirement pay of John Richard Fleming to Appellee, his. former wife, to satisfy a claim for unpaid child support in the amount of $4,170.00. We reverse and remand.

The question is raised as to whether military…