Kenney v. Kenney

Plaintiff wife moves for an order pursuant to section 49-b of the Personal Property Law directing the defendant husband’s employer to deduct the amount of the temporary alimony from her husband’s wages and to forward same directly to her.

The statute was enacted in 1958 (L. 1958, ch. 659) to enable a wife to receive the amount of temporary or permanent alimony awarded to her by the court directly from the husband’s employer. It has been held that it cannot be used for the payment of arrears of alimony (De Jongh v. De Jongh, 13 Misc 2d 882) nor may it be used as a method of collecting counsel…