No property exempt from attachment or execution, when
When someone owes money for alimony or child support, their property and wages cannot be protected from being taken to pay that debt. Normally some property is off-limits when someone tries to collect money owed, but that protection does not apply to alimony or child support cases. Even wages a person has earned can be taken, no matter how recently they were earned.
452.140. No property from or , when. — No property shall be exempt from attachment or execution in a instituted by a person for , nor from attachment or execution upon a or issued to a for or for the support and maintenance of children. And all wages due to the shall be subject to on attachment or execution in any proceedings mentioned in this section, whether the wages are due from the to the defendant for the last thirty days' or not.
(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 for support and maintenance of 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 in 1953 against 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.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.