In Re Marriage of DeLotel

Opinion

KINGSLEY, Acting P. J. —

On January 11, 1972, an interlocutory decree of dissolution was entered, pursuant to a stipulation of the parties, wherein respondent wife was granted, inter alia, support for the minor children of the parties and support for herself. In February 1974 the husband moved to Oregon, where he has maintained his residence ever

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since. On December 9, 1975, the wife secured a writ of execution in the sum of $12,875 for unpaid support. That writ'was served on the proper agency of the Navy Department, from which the husband is receiving a pension. On Januaiy 23, 1976, the Navy honored the request in the amount of $603.08, being the then accrued and unpaid installments of the pension.

1

On March 12, 1976, the husband filed a motion entitled “Motion to Exempt Pension” which the trial court treated as a motion to quash the execution.

2

The motion was denied and the husband appeals from that order.

3

We affirm.

The parties assume that, prior to January 1, 1976, such pensions were exempt from execution by the terms of section 690.18 of the Code of Civil Procedure, as that section then stood. That assumption is partially in error. Before and after the 1975 amendment of that section, it applied, in terms, only to “a resident of. the state.” Exemptions from execution are purely statutory (5 Witkin, Cal. Procedure (2d ed. 1971) Enforcement of Judgment, § 25, p. 3406). Thus, while the husband had an exemption prior to his 1974 move to Oregon, he had none under any California statute thereafter. By chapter 509 of the statutes of 1975, section 690.18 was amended, effective January 1, 1976, to remove child and spousal support from the exemption even for residents of this state.

At all times herein pertinent, Oregon Revised Statutes, section 23.170, has provided as follows:

“All pensions granted to any persons in recognition by reason of a period of employment by or service for the Government of the United States, or any state, or political subdivision of any state, or any municipality, person, partnership, association or corporation, shall be exempt from execution and all other process, mesne or final. Such exemption shall be effective without necessity of claim thereof by the pensioner.”