Butler v. Butler

This appeal is a sequel to Butler v. Butler, 219 Va. 164, 247 S.E.2d 353 (1978). In that case, Mrs. Butler, who had been awarded a judgment against her former husband for arrearages under a property settlement agreement, instituted garnishment proceedings against Butler and the United States, seeking to attach certain Marine Corps retirement pay to which he was entitled. The trial court sustained Butler’s motion to quash the summons on the ground that the judgment did not come within the purview of the federal statute permitting garnishment of such income. We dismissed Mrs. Butler’s appeal…