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Cartledge v. Miller

457 F. Supp. 1146 (1978)

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Cartledge v. Miller

United States District Court for the Southern District of New York
457 F. Supp. 1146 (1978)

Facts

When George Cozart retired in 1977, he owed a substantial arrearage of spousal- and child-support payments under a 1958 court order. The Rockland County Support Collection Unit (Rockland) (defendant), as assignee of the support rights, sued Cozart for payment of the arrearage. Rockland also sought attachment of Cozart’s pension, which was regulated by the Employee Retirement Income Security Act of 1974 (ERISA). ERISA contained provisions prohibiting the assignment or alienation of an employee’s pension benefits. Representatives of Cozart’s pension plan, including Raymond Cartledge, (plaintiffs) filed a separate suit asking the United States District Court to enjoin enforcement of the court order, arguing that enforcing the order would violate ERISA because it would result in an assignment or alienation of Cozart’s pension benefits.

Rule of Law

Issue

Holding and Reasoning (Weinfeld, J.)

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