Legal Question in Family Law in Massachusetts
Attachment of workers comp from husband
I will soon be legally divorced from my husband of 37 years. he is on workers comp and SSI.
He makes almost double what i make and I work!
My question is, can I attach his workers comp pay to insure I recieve the money the courts ordered him to pay me?
He is suppose tp pay me $700 a month but since he and his 36yr old girlfriend just had a baby, he hasnt paid me.
Any info would be greatly appreciated, thank you for your time.
--name removed--
PS- how long can one stay on workers comp in Massachuettes?
2 Answers from Attorneys
Re: Attachment of workers comp from husband
Immediately file a Complaint for Contempt. Each
month he owed you $700 and didn't pay, he was in
contempt. The order for each monthly payment
acts as a separate judgment on which 12% interest
is due. Do not wait. Do not stop GO. Go
immediately to court. If you wait too long, the
Massachusetts courts will not award you attorneys fees.
The statutory award of attorneys fees is
discretionary and most of our judges are
ABSOLUTELY NOT NOT NOT generous in awarding
spouses attorneys fees. This includes the lower
(the family courts) as well as the higher courts
in Massachusetts. I won a contempt judgment of
over a quarter of a million dollars for a woman,
but the courts would not award her more than
$4500 toward her fees. So she conspired with her
ex-husband to beat me out of my fees. She had
waited nine years. The court did not find her
claim precluded either by the statute of
limitations OR by laches, but nevertheless used
the alleged tardiness against her. I prevailed
also when the husband appealed. I still have
not been paid. The court is of absolutely no
help. I personally will never do another
contempt for male or female. Too easy to get
screwed by the clients and the courts. The
judgment for that women is today somewhere
between $400,000 and $500,000 (given the 12%
interest). She is collecting naturally. Only
I am not.
So hurry hurry hurry to the court. Get yourself
a lawyer immediately to help you. There are
some women attorneys who enjoy doing victim
rights' cases. Hang around the court house if
necessary and ask attorneys you see waiting.
All attorneys -- good and bad, competent and
incompetent -- have to wait inordinately long times
in Massachusetts probate and family courthouses.
Get into conversation with a few of them and
feel them out. You'll be able to tell who will
fight for you. Because you are only now getting
divorced, you should not have much difficulty .
. . assuming you haven't been separated for 30
years and are not getting around only now to
complain.
Good luck!!!
Barbara C. Johnson
Law Office of Barbara C. Johnson
6 Appletree Lane
Re: Attachment of workers comp from husband
You should request that support be paid through a wage assignment. You identify his employer as the
workers compensation insurer and request that the Department of Revenue provide services by
collecting the money for you.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road