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Title XXX DOMESTIC RELATIONS

Chapter 452

previous next Effective - 28 Aug 2001bottom

  452.140.  No property exempt from attachment or execution, when. — No property shall be exempt from attachment or execution in a proceeding instituted by a person for maintenance, nor from attachment or execution upon a judgment or order issued to enforce a decree for alimony or for the support and maintenance of children.  And all wages due to the defendant shall be subject to garnishment on attachment or execution in any proceedings mentioned in this section, whether the wages are due from the garnishee to the defendant for the last thirty days' service or not.

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(RSMo 1939 § 3377, A.L. 1957 p. 391, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 2990; 1919 § 7315; 1909 § 8296

(1952) Garnishment on judgment in divorce action for support and maintenance of minor children held limited to ten percent of wages of defendant who had remarried, had children and was head of family. York v. York (A.), 249 S.W.2d 870.

(1957) Where judgment consisting of $1,243.33 for alimony and $2,486.67 for child support was revived in 1953 against nonresident defendant, garnishment could reach only 10% of amount of defendant's wages for child support but entire amount of wages could be seized to satisfy judgment for alimony.  Ferneau v. Armour & Co. (A.), 303 S.W.2d 161.


---- end of effective   28 Aug 2001 ----

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