Carol McKee-Livingston v. Mark Livingston

Case Number
M2009-00892-COA-R3-CV

In an attempt to collect money due from her ex-husband on a judgment for back child support and spousal support, ex-wife had a writ of garnishment served upon a corporation making quarterly payments to the ex-husband under a settlement agreement. The issue on appeal is whether the January 30, 2008 garnishment notice attached payments due the ex-husband in May 2008. Because the corporation had a debt to the ex-husband at the time of the garnishment notice, although the debt was not payable until a later time, we have determined that the garnishment notice attached the May 2008 payment. Since the corporation made the May 2008 payment directly to the ex-husband, the corporation is liable to the ex-wife. We, therefore, reverse the decision of the circuit court.

Authoring Judge
Judge Andy D. Bennett
Originating Judge
Judge Joseph P. Binkley, Jr.
Case Name
Carol McKee-Livingston v. Mark Livingston
Date Filed
Dissent or Concur
No