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Fodor v. Fodor

An ex-husband's obligation to make mortgage payments on the marital residence as part of the equitable division of marital property constituted a money judgment subject to garnishment.

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Stephen and Beverly Fodor divorced in 1998. According to their separation agreement, she was to retain possession of the family residence until their youngest daughter reached the age of 18 and he was to be responsible for mortgage payments, taxes and insurance on the property during that period. At the time the agreement was executed, those monthly payments included $1,265 to The Money Store and $305 to Greentree Mortgage. When the youngest daughter reached 18, the property was to be sold and the proceeds divided equally. The agreement was incorporated into the Final Judgment and Decree of divorce.

In January 1999, Stephen Fodor stopped making the mortgage payments. The property was foreclosed upon in August 1999. In December 2000, Beverly Fodor initiated a continuing garnishment action against her ex-husband’s employer, seeking to recover 23 months of unpaid mortgage payments for the period from January 1999 to December 2000. Stephen Fodor filed a traverse, claiming that his obligation to make the mortgage payments was not a money judgment subject to garnishment. After conducting a hearing on the traverse, the trial court denied it and entered a continuing garnishment in the amount of $35, 462.76 the amount Beverly Fodor sought less $650 Stephen Fodor paid to the second mortgage company after the foreclosure. We agree with the trial court’s ruling and affirm.

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