Mariche v. Mariche

The opinion of the court was delivered by

Prager, C.J.:

Pedro Mariche, defendant, appeals an order of the district court that allowed his ex-wife, Elizabeth A. Mariche, plaintiff, to garnish social security disability benefits, received by defendant and deposited in defendant’s bank account, to pay delinquent child support. Defendant maintains that social security disability payments are exempt from garnishment under the provisions of K.S.A. 1987 Supp. 60-2308(a).

The facts are undisputed and were stipulated to by the parties for the purpose of this appeal. The parties were divorced in 1981, and…