Monday, November 10, 2014

federal diaability benfits - attachment - alimony/support

Uveges v. Uveges – Superior Court – November 5, 2014


Husband's disability benefits under federal statute, Longshore and Harbor Workers' Compensation Act, 33 USC 901 et seq., may be attached to pay his alimony obligation, despite anti-attachment clause of LHWCA, because

- alimony is not a debt under42 USC 659 (SSA  garnishment provision), which allows attachment for support/alimony

- wife is not a creditor

- LWHCA disability payments are "remuneration for employment" under sec. 659

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