DocketNumber: No. CV96 0054380S
Judges: FLYNN, J.
Filed Date: 2/23/1998
Status: Non-Precedential
Modified Date: 7/5/2016
The defendant urges that the money in the account is exempt by law from execution for the following reasons:
"A) The funds represent court approved payments of child support pursuant to §
52-352b (h).
B) The funds represent alimony and support pursuant to § CT Page 2386
C) The funds represent exempted wages pursuant to §
52-361a of the Connecticut General Statutes."
The funds in the account were derived from two sources, a real estate commission earned and the remainder comprising child support payments received as a result of orders in dissolution actions of two prior mortgages. The defendant could give no accounting of what specific deposits and withdrawals were made in the bank account in the months immediately prior to the levy of execution. Despite the co-mingling, the defendant was able to testify that $1200.00 of the account came from a real estate commission derived in December 1977 and that 99 percent of the rest was child support payments.
Connecticut General Statutes §
Section
"(r) Any interest of the exemptioner in any property not to exceed in value one thousand dollars."
The defendant urges that this statute would protect the first $1,000.00 of the account not otherwise exempt. The court agrees.
The court further finds that $1,769.90 is derived from child support payments made for the benefit of minor children and therefore exempt under provisions of §
Because the defendant has failed in her burden to prove the exempt character of the remaining funds, the court orders that the balance of $217.87 be paid to the plaintiff. The total sum of $2,769.90 in the account is found to be exempt from execution and shall remain the property of the defendant. CT Page 2387
It is true that there has been a co-mingling in the defendant's account of funds of differing exempt character together with funds the court has found to be nonexempt. However, the court finds that by analogy the case of Philpott v.Essex County Welfare Board,
Flynn, J.