Whitmore v. Whitmore

This is an appeal from an order of the Court of Common Pleas under R. C. 3115.23, granting a withholding of plaintiff Whitmore’s wages at his place of employment to apply to the payment of an allegedi support arrearage of $2,175. We reverse the judgment of the trial court.

The arrearage was actually monthly alimony accrued from a separation agreement incorporated into the court’s divorce decree.

Plaintiff claims error as follows:

“1. The court erred in its order for withholding wages by finding that payments were due for ‘support’ when the original decree of divorce provided only for ‘alimony’…