can my grandpas ex wife put a lean on his settlement money and get
most of it?
my grandpa got a settlement from workers comp because he hurt his back and now his ex wife is putting a lean on it and trying to get most of it and i was just wondering how can she do that because they aren’t married anymore.
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on Wednesday, August 4th, 2010 at 2:17 am and is filed under Worker Q & A.
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If he was hurt while they were still married, she has a legal right to put a lien on the settlement.
Your grandpa should consult the attorney who handled his work comp or his divorce. It depends on her reason for putting a lien on his funds – perhaps he owes her alimony? Perhaps he didn’t hold up his end of something in the divorce agreement? If she got a judge to do it, she can do it, so he needs to protect himself.
I think you meant Lien. She sounds like an evil woman.
may be if he owes her money for any kind of settlement. like the selling of property they owned together.
Not sure as far as % or anything but 1st off, if they live in a community property state she is 100% intitled to some of it.
If he is not married to her then she has no right in putting a lien on the workers comp.
Still, an attorney would be the best idea to have him talk to about this.
You didn’t provide enough information about this. Generally the
only liens permitted against a WC claim are those of the providers
of treatment, attorney of record and/or Child Services for past due
support. Past due child support would come out of any settlement
FIRST. So, basically, no, she cannot lien against any
award/settlement. WC indemnity awards are based on the IW loss of
earning capacity, or reduced ability to compete in the open labor
market. It would be doubtful she would be eligible even if they
were still married, to any portion of his indemnity award.
HOWEVER…. IF she has a court order for recovery of moneies due
her, she CAN attach any bank accounts he may hold. Once the funds,
any funds, are deposited in any financial account, they are not
specific and subject to use by any other account holder, or court
ordered action. I think with some further investigation, the
responders here will find it doubtful any WC court in the nation
would have means to accept a lien against a potential WC award,
from a party without interest in the claim.