Sienkiewicz v. Sienkiewicz
Sienkiewicz v. Sienkiewicz
Opinion of the Court
The plaintiff filed an application for execution against the defendant’s pension benefits to satisfy a court order for outstanding alimony and child support payments. The trial court determined that the defendant’s pension benefits were a debt accruing by reason of personal services, and hence subject to execution, but limited the amount of the order to that provided in General Statutes § 52-361.
The facts found by the trial court indicate the following: the plaintiff, Helen Sienkiewicz, and the defendant, Walter Sienkiewicz, were divorced on May 15, 1969. The plaintiff was awarded custody of the minor children, alimony, and child support. In 1978, when the plaintiff brought the present application for execution, she was entitled to receive $60 a week alimony and $50 a week support for the minor child, Julie, but had received no payments since November 4, 1977, The defendant, now retired and living in Florida, had been employed by Pitney Bowes, Inc., for over 40 years. During the course of his employment he had accumulated pension benefits which are currently paid at the rate of approximately $790 per month. The plaintiff filed her application for execution on January 16, 1978, seeking an execution order in the weekly amount of $110 plus any amount found to be due as an arrearage ; due notice of the application was given to the defendant by personal service in Florida. As of April 7, 1978, the defendant was twenty-two weeks in arrears, in the amount of $2420.
After a hearing on the application, the trial court concluded that the pension benefits of the defendant constituted a debt accruing to the defendant by reason of personal services amounting to more than $50 a week, and that the plaintiff therefore was entitled to an execution against the defendant’s pension fund. The court further decided that the extent of the execution order should be determined according to § 52-361, which limits the available part of the fund to $50 a week, rather than by § 52-362, which
There are three statutes involved in this appeal —General Statutes §§ 52-361, 52-362, and 52-352a through 52-352c. The first two of these statutes deal specifically with wage executions, while the latter defines what property of a debtor is exempt from execution. The parties are in disagreement about the effect of the enactment of the exemption statute in 1977 upon the earlier enacted provisions governing wage executions. We agree with the plaintiff that § 52-362 continues to be the relevant provision to determine the propriety of executions for the support of family members and that the trial court was in error in ruling to the contrary.
Until 1977, Connecticut had two separate statutes governing wage executions, §§ 52-361 and 52-362. The two statutes have salient similarities, as well as salient differences. Under either statute, the process of wage execution is the same. A judgment creditor may obtain a court order directing the defendant, the judgment debtor, to make payment to the clerk of the court or otherwise. If the defendant fails to obey such an order, the judgment creditor may then apply to the court for an order that execution issue out of a “debt accruing by reason of personal services,” typically wages. The order of wage execution, upon presentment to the individual person or corporation from whom this debt is due and owing, typically the judgment debtor’s employer, becomes a continuing levy upon the wage debt until execution is satisfied. Similarity of process should not however obscure the fundamental differences of scope and reach of §§ 52-361 and 52-362.
Section 52-362, the other statute, first enacted in 1955; Public Acts 1955, No. 321; cuts a narrower but a deeper swath. Execution under this section may issue only for failure to obey a court order “for support of a wife or husband or a minor child or children.” Such an execution may reach any amount, without ceiling, beyond a statutorily stated minimum, unless the court “deems” a lesser amount “equitable.” Concurrent executions, forbidden under § 52-361, are permissible under § 52-362. Perhaps most significant for present purposes, execution on wages for support pursuant to § 52-362 “shall take precedence over any execution under the provisions of section 52-361.”
In 1977, Connecticut decided to modernize its antiquated exemption statutes. Public Acts 1977, No. 77-466, now 52-352a, 52-352b, and 52-352c, enacted basic rules to determine what property of a debtor is unavailable to a creditor seeking to enforce a debt, including a judgment debt, by way of judicial process or court order. The exemption statutes make no distinction between creditors; some designated types of property are set aside to the debtor as beyond the reach of any judicial process. Among the categories of property to which the 1977 enact
Nothing in the legislative history of Public Acts 1977, No. 77-466, suggests that the legislature intended to demote support orders to a more disfavored position than they had previously enjoyed.
The United States Court of Appeals for the Second Circuit has recently had the occasion to resolve a question of interpretation quite similar to the case before us. We must decide whether § 52-352c (d) ’s exemption of pension plan payments “only to the extent that wages are exempt from execution under section 52-361” can be interpreted to imply also exceptions for support orders under § 52-362. In American Telephone & Telegraph Co. v. Merry, 592 F.2d 118 (2d Cir. 1979), the issue was whether a garnishment order to compel family support payments was impliedly excepted from the absolute and unqualified proscription of alienation and assignment in § 206 (d) (1) of the Employee Retirement Income Security Act of 1974. 29 U.S.C. §1056 (d) (1). The Merry court, in deciding that an implied exception was appropriate stated (p. 124): “The purpose of the proscription on alienation and assignment is to protect an employee from his own financial improvidence in dealings with third parties. The provision is not intended to alter traditional support obligations but rather to assure that the employee and his beneficiaries reap the ultimate benefits due upon retirement.” The court relied also on the federal policy, embodied in other federal legislation, of enforcing support obligations so that dependent spouses and children will not be required to resort to welfare assistance.
We find the holding of the Merry court to be analogous and its reasoning persuasive. Enforce
There is error and the case is remanded for further proceedings in accordance with this opinion.
In this opinion Cotter, C. J., and Bogdaxski, J., concurred.
When § 52-362 was first enaeted, the committee chairman’s comments on the floor of the Senate made explicit that in family matters the amount of funds subject to execution should be greater than for those situations falling within § 52-361. The chairman stated: “[T]his bill concerns itself with the situation where a Superior Court or any other Court has entered a support order for the benefit of a minor child or minor children. In the event the person against whom the order for support is entered, defaults, the beneficiary of the bill can go into the court and obtain a wage execution on everything in excess of twenty-five dollars per week. This bill does not conflict with Sec. 8102 as amended [General Statutes $ 52-361], which applies to execution after judgment, in that this bill concerns itself strictly with executions where support orders are in default.” 6 S. Proc., Pt. 5, 1955 Sess., p. 1684.
The chairman reporting the bill for the committee characterized it as follows: “[T]his bill modernizes Connecticut’s exemption statute by changing it to refleet the kinds of property that exists [sic] in modern society. There are two major purposes to an exemption statute. One is to make certain that a debtor cannot be so stripped of property that he is left with absolutely nothing. For example, Connecticut is [sic] always exempted from attachment of debtors necessary clothing and household goods. The other is to prevent a debtor from being deprived from his capacity to work. If this happens, he becomes unable to pay his other creditors and he then files bankruptcy which means that none of his creditors are in fact paid. Connecticut’s exemption statute dates to at least 1711 and it has not been significantly changed since 1879. The goods that it exempts from attachment were the basic property of the farm society of the 1800’s. Thus for example it exempts 200 pounds of wheat flour, ten bushels of Indian corn, ten bushels of rye but it does not exempt bread. It exempts five bushels of potatoes and five bushels of turnips but it does not exempt even $10 with which to buy food. It exempts one cow not to exceed $150 in value and ten sheep worth up to $15 a piece. It exempts an oyster boat but not a car. This bill modernizes the statute by relating it to present day property.” 20 H. R. Proc., Pt. 8, 1977 Sess., p. 3166.
Dissenting Opinion
(dissenting). Although my colleagues in the majority disagree, I see this case as one in which the plaintiff, because of the equities, and because of the intent reasonably inferred in two of the three statutes involved in this case, seeks from this court legislation by judicial fiat.
There are three statutes which must be considered in the determination of the present appeal. General Statutes § 52-361 is quite lengthy and somewhat complicated, but the provisions pertinent to the present case may be summarized as follows: After a court has made an order of payment to the clerk of the court or otherwise and the defendant fails to obey the order, the judgment creditor may apply to the court for an order directing that an execution issue against the defendant. When so ordered, the execution shall be presented to the individual person or corporation from whom a debt accruing by reason of personal services is due and owing and the execution shall become a continuing levy upon the debt until the execution is satisfied. The formula for the amount to be paid on the execution is spelled out and in the present case the parties hereto have agreed that the sum recoverable each week under this section is no more than $50.
If only these two statutes were applicable, there is no question but that the plaintiff’s claim would qualify under General Statutes § 52-362. The debt is for support and the pension payments would be included as a “debt accruing by reason of personal services due and owing.” Further, as stated in the majority opinion, the intent of the act was to allow wage executions under this act in addition to those specified in General Statutes § 52-361.
In 1977, however, what is now General Statutes §§ 52-352a through 52-352c were enacted.
“[I]t is basic law that when a later general statute covers the whole subject to which it relates it will be held to repeal by implication all prior statutes on the subject matter, whether general or special.” East Haven v. New Haven, 159 Conn. 453, 467, 271 A.2d 110. At the time of the enactment of §§ 52-352a through 52-352c, the legislature was presumed to know of the existence of § 52-362 and any conflict among the sections would be resolved in favor of the latest enactment. Pizzola v. Planning & Zoning Commission, 167 Conn. 202, 206, 355 A.2d 21. In some instances, a statute, general in its terms, may be construed to admit implied exceptions. New Haven Savings Bank v. Warner, 128 Conn. 662, 669, 25 A.2d 50; Kelley v. Killourey, 81 Conn. 320, 321, 70 A. 1031. However, this interpretation is made only when the intent of the legislature is clear notwithstanding the literal sense and precise letter of the statute. Busko v. DeFilippo, 162 Conn. 462, 471, 294 A.2d 510; State ex rel. Gray v. Quintilian, 121 Conn. 300, 304, 184 A. 382. This rule of construction applies to General Statutes §§ 52-352a through 52-352c.
As I read General Statutes §§ 52-352a through 52-352c, the intent is clear and the exemptions are specific and detailed. “If it- be true, however, that the statute in its present form is apt to work an injustice, that is something for the legislature to cure. It does not require modification of the terms of the statute by the courts for the sake of accomplishing what might appear to be justice.” General Tires, Inc. v. United Aircraft Corporation, supra, 196.
In this opinion Longo, J., concurred.
“[General Statutes] Sec. 52-352a. definitions. For the purposes of this section and sections 52-352b and 52-352c, the following terms shall have the following meanings: (a) ‘Value’ means fair market value of the exemptioner’s equity or unencumbered interest in the property; (b) ‘Necessary’ means reasonably required to meet the needs of the exemptioner and his or her dependents including any special needs by reason of health or physical infirmity; (e) ‘Exempt’ means, unless otherwise specified, not subject to any form of process or court order for the purpose of debt collection; (d) ‘Exemptioner’
Sec. 52-352b. property exempt. The following property shall be exempt: (a) Necessary apparel, bedding, foodstuffs, household furniture and appliances; (b) Tools, books, instruments and farm animals which are necessary to the exemptioner in the course of his or her occupation or profession; (c) Burial plot for exemptioner and his or her immediate family; (d) Public assistance payments and any wages earned by a publie assistance recipient under an incentive earnings or similar program; (e) Health and disability insurance payments; (f) Health aids necessary to enable the exemptioner to work or to sustain health; (g) Workman’s compensation, social security, veterans and unemployment benefits; (h) Court approved payments for child support; (i) Arms and military equipment, uniforms or musical instruments owned by any member of the militia or armed forces of the United States.
Sec. 52-352c. additional exempt property. The following property shall be allowed as exempt in addition to any property allowed as exempt under section 52-352b: (a) One motor vehicle to the value of one thousand five hundred dollars. Por the purposes of this subsection value shall be determined as the fair market value of the motor vehicle less the amount of all liens and security interests which encumber it; (b) Wedding and engagement rings; (e) Residential utility deposits for one residence, and one residential security deposit; (d) Payments received by the exemptioner wader a profit sharing, pension, stock bonus, annuity or similar plan which is established for the primary purpose of providing benefits upon retirement by reason of age, health, or length of service and which is either (1) qualified under Sections 401, 403, 404 or 408 of the Internal Revenue Code, or any successor thereto, or (3) established by federal or state statute, but only to the extent that wages are exempt from execution under section SB-361; (e) Alimony and support, other than child support, but only to the extent that wages are exempt from execution under section 52-361; and (f) An award under a crime reparations act.” (Emphasis added.)
Reference
- Full Case Name
- Helen W. Sienkiewicz v. Walter Sienkiewicz
- Cited By
- 18 cases
- Status
- Published