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HELM v. HELM

Docket No. 5,447.

17 Mich. App. 246 (1969)

169 N.W.2d 137

HELM v. HELM

Michigan Court of Appeals.

Decided April 23, 1969.

Attorney(s) appearing for the Case

Poppen, Street & Sorensen (Robert T. Johnson, of counsel), for plaintiff.

Carr & Carr, for garnishee defendant Universal Camshaft Co.

BEFORE: McGREGOR, P.J., and R.B. BURNS and DANHOF, JJ.

McGREGOR, J.

The issue presented here is whether arrearages in child support payments under a divorce judgment are properly collectible in garnishment proceedings. The lower court in an en banc decision, after noting the principle cited in Toth v. Toth (1928), 242 Mich. 23, that garnishment is not available for enforcement of support payments under a divorce decree, stated:

"Whether we say that an obligation to pay support is not a debt...

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