Wyshak

Petitioner Flora Wyshak obtained a writ of execution and levied on real property belonging to her ex-husband, respondent Robert Wyshak. The amount she sought was $6,000, representing the arrearage, as of December 10, 1975, of spousal support payments of $250 per month, payable by respondent pursuant to an interlocutory judgment of divorce that was entered ori'June 24, 1960. Petitioner also obtained an order for, the appearance of respondent as a judgment debtor to be examined concerning his property.

Respondent noticed a motion to recall the writ of execution and to quash the writ and levy and the order for the appearance of respondent as' a judgment debtor. In the papers supporting the motion and at the hearing on the motion, respondent did not question the amount due, or offer any defenses relating to petitioner’s entitlement to the accrued spousal support. Respondent’s sole contention was that the post-judgment procedure that allowed petitioner to obtain the writ and levy execution upon his property was unconstitutional, a violation of due process guaranteed to him by the Fifth and Fourteenth Amendments to the United States Constitution. The due-process-of-law…