Gross

INTRODUCTION

In this action, plaintiff Elena Gross asserts her former husband, Timothy Gross,

1 and his stepmother and father, Carol Gross and Phillip Gross, (defendants)1 breached

their support obligation under affidavits of support they signed as part of Elena’s

naturalization. The trial court issued a writ of execution on the preliminary injunction

ordering defendants to pay Elena the agreed-upon support. Carol filed a claim of

exemption, which the trial court granted in part and denied in part. Elena appeals the

October 16, 2012 order. She contends the trial court should have denied Carol’s entire

claim of exemption.

We conclude there was substantial evidence establishing Carol received wages

amounting to $3,579.41, which were not subject to a claim of exemption. Since the

evidence showed that only $579.41 in wages was deposited in Carol’s bank account,

those were the only wages subject to levy. We further conclude the trial court should not

have reduced that amount subject to levy by 25 percent. In addition, we conclude the

trial court correctly granted Carol’s claim of exemption as to funds disbursed from

Carol’s 401K account. The trial court’s order is…