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Contents of Main Volume | Contents of Supplement
DISCLAIMER: The Longshore Benchbook was created solely to assist the Office of Administrative Law Judges as a first reference in researching cases arising under the Longshore and Harbor Workers' Compensation Act, and extension acts, as amended. This Benchbook does not constitute the official opinion of the Department of Labor, the Office of Administrative Law Judges, or any individual judge on any subject. This Benchbook does not necessarily contain an exhaustive or current treatment of case holdings, and should, under no circumstances, substitute for a party's own research into the statutory, regulatory, and case law authorities on any given subject referred to therein. It is intended to be used as a research tool, not as final legal authority and should not be cited or relied upon as such.
PDF Version: Volume I (Topics 1-21) | Volume II (Topics 22-90)
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Description |
Topic |
Assignment and Exemption from Claims of Creditors |
16 |
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16.1 |
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16.2 |
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16.3 |
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16.4 |
TOPIC 16
Topic 16.1 Assignment and
Exemption from Claims of Creditors––Generally
CIGNA Property & Casualty v. Ruiz, 834 So. 2d 234
(Fla. App. 3 Dist. 2002), 2002 WL 31373875 (Fla. App. 3rd Cir. October 23,
2002); 254 F. Supp. 2d 1262 (S.D. Fla. 2003); 2003 WL 1571898 (Jan. 21,
2003)(Interpleader Complaint Dismissed without prejudice), 85 Fed Appx 726
(table) (Oct. 15, 2003), cert. denied, ___ U.S. ___.124 S.Ct.
433 (Mem.)(Oct 20, 2003), see also 124 S.Ct. 1659 (Mem.) cert.
denied, (March 22, 2004).
[ED. NOTE: As of October 30, 2002 this
opinion had not yet been released for publication in the permanent law reports
and until released, it is subject to revision or withdrawal.]
Here the Florida State Appeals Court upheld a state district court which held
that an ex-wife's claim for on-going child support was neither a claim of a
creditor nor an attachment or execution for the collection of a debt; and thus,
the anti-alienation provision of the LHWCA [33 U.S.C. § 916] did not apply so
as to preclude the longshore insurer from withholding certain sums from the
ex-husband's benefits and paying this for on-going child support. In reaching
this conclusion, the Florida Court of Appeals noted prior state case law.
Previous case law in Florida had found that a claim for child support is not
the claim of a creditor. Department of Revenue v. Springer, 800 So. 2d
700 (Fla. 5th DCA 2001). The exemption of worker's compensation claims from
claims of creditors does not extend to a claim based on an award of child
support. Bryant v. Bryant, 621 So. 2d 574 (Fla.2d DCA 1993). Moreover, a
child support obligation is not a debt. Gibson v. Bennett, 561 So. 2d
565 (Fla. 1990). The Florida Court of Appeals also acknowledged the 1996
amendment to the non-alienation provisions of the Social Security Act (see
42 U.S.C. § 659) which, it noted, had been held to have impliedly repealed the
non-alienation provision of the LHWCA with regard to delinquent support
obligations. See Moyle v. Director, OWCP, 147 F.3d 1116 (9th Cir.
1998), 32 BRBS 107(CRT).
Topic 16.2 Assignment and Exemption from Claims of Creditors--Compensation Cannot be Assigned
CIGNA Property & Casualty v. Ruiz, 834 So. 2d 234
(Fla. App. 3 Dist. 2002), 2002 WL 31373875.
[ED. NOTE: As of October 30, 2002 this
opinion had not yet been released for publication in the permanent law reports
and until released, it is subject to revision or withdrawal.]
Here the Florida State Appeals Court upheld a state district court which held
that an ex-wife's claim for on-going child support was neither a claim of a
creditor nor an attachment or execution for the collection of a debt; and thus,
the anti-alienation provision of the LHWCA [33 U.S.C. § 916] did not apply so
as to preclude the longshore insurer from withholding certain sums from the
ex-husband's benefits and paying this for on-going child support. In reaching
this conclusion, the Florida Court of Appeals noted prior state case law.
Previous case law in Florida had found that a claim for child support is not
the claim of a creditor. Department of Revenue v. Springer, 800 So. 2d
700 (Fla. 5th DCA 2001). The exemption of worker's compensation claims from
claims of creditors does not extend to a claim based on an award of child
support. Bryant v. Bryant, 621 So. 2d 574 (Fla.2d DCA 1993). Moreover, a
child support obligation is not a debt. Gibson v. Bennett, 561 So. 2d
565 (Fla. 1990). The Florida Court of Appeals also acknowledged the 1996
amendment to the non-alienation provisions of the Social Security Act (see
42 U.S.C. § 659) which, it noted, had been held to have impliedly repealed the
non-alienation provision of the LHWCA with regard to delinquent support
obligations. See Moyle v. Director, OWCP, 147 F.3d 1116 (9th Cir. 1998),
32 BRBS 107(CRT).
Topic 16.3 Assignment and Exemption from Claims of Creditors--Compensation is Exempt from Creditor Claims
CIGNA Property & Casualty v. Ruiz, 254 So. 2d 1262
(Fla. App. 3 Dist. 2002), 2002 WL 31373875.
[ED. NOTE: As of October 30, 2002 this
opinion had not yet been released for publication in the permanent law reports
and until released, it is subject to revision or withdrawal.]
Here the Florida State Appeals Court upheld a state district court which held
that an ex-wife's claim for on-going child support was neither a claim of a
creditor nor an attachment or execution for the collection of a debt; and thus,
the anti-alienation provision of the LHWCA [33 U.S.C. § 916] did not apply so
as to preclude the longshore insurer from withholding certain sums from the
ex-husband's benefits and paying this for on-going child support. In reaching
this conclusion, the Florida Court of Appeals noted prior state case law.
Previous case law in Florida had found that a claim for child support is not
the claim of a creditor. Department of Revenue v. Springer, 800 So. 2d
700 (Fla. 5th DCA 2001). The exemption of worker's compensation claims from
claims of creditors does not extend to a claim based on an award of child
support. Bryant v. Bryant, 621 So. 2d 574 (Fla.2d DCA 1993). Moreover, a
child support obligation is not a debt. Gibson v. Bennett, 561 So. 2d
565 (Fla. 1990). The Florida Court of Appeals also acknowledged the 1996
amendment to the non-alienation provisions of the Social Security Act (see
42 U.S.C. § 659) which, it noted, had been held to have impliedly repealed the
non-alienation provision of the LHWCA with regard to delinquent support
obligations. See Moyle v. Director, OWCP, 147 F.3d 1116 (9th Cir.
1998), 32 BRBS 107(CRT).
Topic 16.4 Assignment and
Exemption from Claims of Creditors--Garnishment
CIGNA Property & Casualty v. Ruiz, 254 So. 2d 1262
(Fla. App. 3 Dist. 2002), 2002 WL 31373875.
[ED. NOTE: As of October 30, 2002 this
opinion had not yet been released for publication in the permanent law reports
and until released, it is subject to revision or withdrawal.]
Here the Florida State Appeals Court upheld a state district court which held
that an ex-wife's claim for on-going child support was neither a claim of a
creditor nor an attachment or execution for the collection of a debt; and thus,
the anti-alienation provision of the LHWCA [33 U.S.C. § 916] did not apply so
as to preclude the longshore insurer from withholding certain sums from the
ex-husband's benefits and paying this for on-going child support. In reaching
this conclusion, the Florida Court of Appeals noted prior state case law.
Previous case law in Florida had found that a claim for child support is not
the claim of a creditor. Department of Revenue v. Springer, 800 So. 2d
700 (Fla. 5th DCA 2001). The exemption of worker's compensation claims from
claims of creditors does not extend to a claim based on an award of child
support. Bryant v. Bryant, 621 So. 2d 574 (Fla.2d DCA 1993). Moreover, a
child support obligation is not a debt. Gibson v. Bennett, 561 So. 2d
565 (Fla. 1990). The Florida Court of Appeals also acknowledged the 1996
amendment to the non-alienation provisions of the Social Security Act (see
42 U.S.C. § 659) which, it noted, had been held to have impliedly repealed the
non-alienation provision of the LHWCA with regard to delinquent support
obligations. See Moyle v. Director, OWCP, 147 F.3d 1116 (9th Cir.
1998), 32 BRBS 107(CRT).
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