Marriage of Hankins
Stephen Hankins (Hankins) appeals an order denying his claim of exemption to a wage garnishment initiated by David Wagner, the assignee of a money judgment against Hankins by his former wife, Cathy Hankins. We conclude: 1) the trial did not abuse its discretion by finding that Hankins had sufficient resources to support himself and his family; 2) the court reviewed the claim of exemption and a financial statement before it ruled; 3) Wagner's opposition to the claim of exemption appears to have been untimely, and, if so, unless he had good cause for the late filing, Hankins is entitled to a refund or credit for the amount of his funds that were subject to judgment execution during that levy period. Court remand for further proceedings.
Comments on Marriage of Hankins