No. 20-5305

Ronnie Smith v. New York State Child Support Processing Center, et al.

Lower Court: Second Circuit
Docketed: 2020-08-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-support child-support-garnishment erisa erisa-exemption federal-pension federal-pension-funds garnishment income-protection intergovernmental-tax-immunity statutory-interpretation supremacy-clause veterans-benefits
Key Terms:
ERISA
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether federal pension funds are exempt from child support garnishment

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the statutes 29 UCS Section 1001 et seq., ERISA insulated Petitioner’s federal pension funds in a account which is not taxable exempt from child support garnishment. 2. Whether it was Congress express intent to insulated funds described in | 38 USC Section 5301[al[1], as being a protected income not only by military Veterans but to afford same protection of federal retirement and pension monies to federal civilian employees with equal force. 8. Whether the lower district courts dismissal of Petitioner’s complaint conflict with established Supreme Court decisions that held 29 USC Section 1001 and 38 USC Section 5301 protects exempt monies defined in the provisions from levy, debt collectors, attachments and garnishment and child support arrears. vi

Docket Entries

2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-09-08
Waiver of right of respondent Thrift Savings Plan to respond filed.
2020-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2020)

Attorneys

Ronnie Smith
Ronnie Smith — Petitioner
Ronnie Smith — Petitioner
Thrift Savings Plan
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent