Zeda

Zeda v. Williams

Good Law
163 Cal. App. 3d 753·1985 Cal. App. LEXIS 1533·209 Cal. Rptr. 827·6 Employee Benefits Cas. (BNA) 1223
Court of Appeal of CaliforniaJanuary 17, 1985No. A019310California5,440 words

Opinion

Lead Opinion

Newsom, J.

*757 Opinion

An interlocutory judgment of dissolution was entered on November 9, 1979, which ordered Powell R. Williams (the responding party below and hereafter Powell) to pay respondent spousal support in the amount of $800 per month and $750 in attorney’s fees. Powell made none of the ordered payments, and on December 17, 1980, respondent obtained an order to show cause re contempt. After a hearing, the court dismissed the contempt proceeding against Powell and terminated the spousal support order. A judgment was subsequently entered declaring that Powell owed arrearages to respondent in the amount of $12,750.

Powell is a participant in an employee benefit plan maintained by the Pension Trust Fund for Operating Engineers (hereafter appellant or the fund), having retired on a disability pension effective September 1, 1971. He currently receives $292.50 per month in disability benefits.

To satisfy the judgment for arrearages, respondent applied for and was granted three consecutive writs of execution to be served upon appellant, seeking to garnish all pension benefits owed to respondent as of the date of service. All notices were returned unsatisfied.

On May 12, 1982,…

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