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PHILLIPS v. PHILLIPS

No. 7613DC1061.

239 S.E.2d 743 (1977)

34 N.C. App. 612

Betty L. PHILLIPS v. Noland C. PHILLIPS, Jr. and United States of America.

Court of Appeals of North Carolina.

December 7, 1977.

Attorney(s) appearing for the Case

James C. Eubanks, III, Whiteville, for plaintiff-appellant.

U. S. Atty. Carl L. Tilghman by Asst. U. S. Atty., Chief, Civil Section, Joseph W. Dean, Raleigh, for garnishee.

No counsel for defendant.

BROCK, Chief Judge.

Plaintiff concedes that prospective wages are not subject to garnishment for alimony under North Carolina law; however, plaintiff contends that defendant's military retirement pay does not constitute wages or the equivalent of wages, but instead is an annuity and a vested property right of the defendant, or a debt owed the defendant by the United States, and therefore is subject to garnishment. We disagree...

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