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?


Asked on 2/02/99, 4:27 pm

2 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

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


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Answered on 3/02/99, 1:00 am
Alan Pransky Law Office of Alan J. Pransky

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


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Answered on 2/07/99, 8:10 am


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