Jump to content
Sign in to follow this  
tiredofthehubsexwife

Can ex-wife of 9 years legally freeze my husband's worker's compensation settlement?

Recommended Posts

We live in NC and my husband's ex-wife has placed a rule 65 freeze on his final worker's comp award. I have searched every Federal GS and every NCGS and I can't find where this is legal. My husband suffered his injury while a contract fire fighter in an active war zone. She wants his entire check placed in an attorney's trust fund then after the court is done distributing it we can apply for what money is left. We do not owe ANY child support arrears. She sent the freeze to the defense attorney for the worker's comp claim and he said this meant nothing to him because she legally had no right to touch his money. Dept of labor agreed and check was mailed to husband. Now she is dragging us through court for contempt and our family law lawyer seems to be on her side, I need help or we are gonna lose everything. Let me put some other thing in perspective ex-wife wants to know where we live, square footage of house, how many bedrooms, but uses her parents address and a PO box. She used my husband's SSN to make it look like he was applying for a job where she works at so she could run a background check on him, after we were notified of what had been done, we called the number and they did an investigation. She took out a restraining order on my husband and said he was trying to mess with her livelihood. What she did is considered ID theft is a federal offense and criminal punishment by law up to 5 years for each count. She did it twice! My husband had to fight through the court system to see his son and the first time he got to see him he was 6 years old. I'm dealing with a psycho path who thinks she is queen and can harrass us as much and anytime she wants, I need the law on our side so she can be dethroned!

Share this post


Link to post
Share on other sites

I'll note that nowhere did you actually ask a question other than in the subject line, which evidently is perhaps not an issue because you haven't indicated the money has in fact been frozen. 

 

It's unclear whether the w/c claim issue was raised in the divorce or, if she didn't explicitly raise it, whether she in effect signed away in a settlement agreement her interest in it by some generic waiver of all claims not raised in the divorce.  Absent that, if the injury was suffered during the marriage, then however much of that money was for lost wages during marriage, medical expenses incurred during the marriage is something in which she acquired a marital interest (or conceivably compensatory wages that might affect the amount of child support owed for a given period of time when he wasn't working). 

 

"We do not owe ANY child support arrears."

That's likely not the point (and there's no "we" in this, legally speaking, unless you're talking about an injury that occurred during your marriage v. theirs).

 

"Now she is dragging us through court for contempt and our family law lawyer seems to be on her side, I need help or we are gonna lose everything."

You aren't really telling us anything, and it's not clear what you expect strangers to tell you or whether "[y]our" family law attorney is clearly explaining her interest.

 

We don't really need perspective on her past behavior to speak to the issue at hand.

 

Husband is free to seek prosecution for ID theft or unauthorized background checks.

 

"My husband had to fight through the court system to see his son and the first time he got to see him he was 6 years old."

Sounds awfully odd, but we obviously can't know whether your husband had or has (for that matter) competent counsel.  He's free to consult with another attorney.

 

Instead of talking in terms of "dethroning", I'd feel free to talk with an attorney about what anti-harassment measures you may take in terms of seeking an injunction on behavior that has nothing to do with reasonable child custody/visitation issues.

Share this post


Link to post
Share on other sites

my husband's ex-wife has placed a rule 65 freeze on his final worker's comp award.

 

Assuming you're referring to Rule 65 of the NC Rules of Civil Procedure, that rule is the basis on which a party may seek an injunction.  That generally requires the filing of motion papers, to which your husband should have had an opportunity to file a response, and a hearing.  Did those things occur?  Did your husband file a response?

 

 

 

She wants his entire check placed in an attorney's trust fund then after the court is done distributing it we can apply for what money is left.

 

Can you reconcile your prior statement that she did "place[] a . . . freeze" with this statement about what she wants?  Has she actually obtained the injunction or has she merely filed a motion for an injunction?

 

 

 

[My husband] do[es] not owe ANY child support arrears.

 

Ok, then for what reason is she seeking or has she obtained the injunction?

 

 

 

Now she is dragging [my husband] through court for contempt and [his] family law lawyer seems to be on her side

 

What exactly does this mean?  Does "on her side" mean that, based on his legal analysis, he believes she has a valid claim?

 

None of the rest of your post appears relevant to this issue and, as the prior response noted, the only question you asked is the one in the subject header of your post.  Needless to say, only an NC attorney who has read the relevant paperwork (something we obviously have no ability to do) and is familiar with all the relevant facts is going to be able to give your husband legal advice about what his ex-wife is doing.  Your husband is, of course entitled to seek a second opinion if he's not happy with what his lawyer is telling him and/or to fire his lawyer and hire a new lawyer.

Share this post


Link to post
Share on other sites

Well, your post should be referring to this person as "his former family law lawyer" if your husband directed him to fight her motion for the freeze and he failed to file anything in opposition to it.  While she wouldn't be entitled to "anything" in regards to the workers' comp settlement, again, if this injury occurred before the divorce and however much of settlement is in effect marital income or debt compensation, then she has an interest in it (if she didn't waive that interest in the divorce or the divorce court by other means declared she had no interest in anything else).

Share this post


Link to post
Share on other sites

Mt head froze up after reading the first two sentences of the original post.  What do you mean there is a Rule 65 freeze but you could not find any legal basis for it? The North Carolina Rules of Civil Procedure, Rule 65 IS the legal basis for it.

 

Is this just too obvious?

 

Oh, there is also North Carolina General Statutes § 14-112.3 Asset freeze or seizure; proceeding.

 

http://law.onecle.com/north-carolina/14-criminal-law/14-112.3.html

 

I think it took Google 0.35 seconds after typing in "NC Rule 65 freeze," but maybe my Google works better than yours.

Share this post


Link to post
Share on other sites

This response is NOT intended to create an attorney-client

relationship.

 

1)  How did the ex-wife ever learn of the worker's comp

case in the pipeline or even who the employer's carrier

was, claim number?

2) Did the ex-wife post a bond with the Court?

3) Your husband may need an evidentiary Court hearing

regarding that he is current on child support.  Have a 

competent attorney handle that and seek financial sanctions

against the ex-wife for over-reaching wrongful conduct and

lack of candor with the Court for obtaining the financial TR0.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...