Guy who’s retired from the Navy remarries his ex-wife who’s retired from the NJ prison system. Both have their pensions direct deposited into a joint checking account.
She gets really sick a year or so later and it’s found that the guy is poisoning her. She doesn’t die but will be sick for the rest of her life. (Turns out he’s done this to two past wives who didn’t make it) The criminal case against him is a slam dunk and off to prison he goes for life. She can and does clean out what money is currently in the account and he’s SOL for those funds.
Now, can the court order that his pension be still paid into the joint accout to provide funds for her health care? Must the wife’s attorney request that the court so order that this be done? Or can he switch the payment into a seperate account and keep his money? How about his Social Security?
Technically, it’s his money, he legitimately earned his pension. Why should anything happen to it?
If she wants something from him, like payment for life, she can sue like the Goldmans did to OJ. I guess the question is - how much can she sue for? Normally, when someone is sued, or goes bankrupt, the court will limit the garnish of income to allow for the person to have a living wage. Otherwise, the guy goes on social assistance and essentially the welfare department is subsidizing a private debt.
But in this case, the guy is in prison. Whether the court will take this into account - no living expenses necessary, or will make it provisional ($X while he’s in jail, $Y when out) - depends on that area’s court rules.
I guess the criminal case would be different from a case where damages are awarded? Could the judge, in sentencing, award damages or would a different suit have to be brought?
There’s a criminal suit and a civil suit. In most cases they’re seperate. Sometimes in the case of something like a robbery, the jury finds him/her guilty and the judge will also order restitution of stolen funds. But in those cases it’s fairly clear what is owed.
To get a pension it’s really a garnishment of wages. In the OP case, most likely you would have a criminal trial. This establishes guilt. Then you need to have a civil trial. Suing for wrongful damages. The two verdicts don’t always have to agree, as seen with the OJ case. The poisoner could actually be found “not guilty” in a civil suit even though found guilty in the criminal case. Though not likely, it’s possible.
Then the judge would award damages to the injured party.
Then it’s up to the injured party to get the money. This is the hard part. Some states have limits to what property and income can be attached. An interesting trend is for victims to sue prisoners and attache their prison wages. Jeffrey Dahmer had this done to him and was left with just a quarter a week from his prison wages to buy things in prison.
The other dollar (or few dollers, whatever it was) was attached and divided up amongst the victims families. This of course had no real meaning other than to serve as punitive damage.
The tricky part is getting the money. If a person knows he is likely to have something attached, he can take legal steps to make it unattachable. Also the victim simply can’t take the money. Such as if it were deposited into the guilty party’s bank account and she was using his ATM (knowing his PIN #) Card to get at it.
Can’t speak to the pension issue, but IIRC any Social Security benefits he’s receiving would be suspended while he’s in prison for a felony conviction. This would not affect any spouse’s benefits that might be payable on his account, however.
Could she not just sue him in Family Court for spousal support? I don’t know the laws in NC, but it seems like even though it’s been a short-term marriage that she could get additional support, particularly since the husband actually caused her medical problems/costs. I assume she is filing for divorce, but in many states, filing for a divorce is not necessary to get an order of support.
IMO, she should go talk to a NC domestic lawyer AND a civil litigation lawyer to get the full story and evaluate her options.
I am a lawyer, but I am not her lawyer or your lawyer. I am not licensed to practice in NC and don’t know the specific laws there. This is NOT legal advice. It is just an opinion offered on a public anonymous message board and I could be lying. Conduct yourself accordingly.
It’s usually easier to win in civil court, because the judgement depends on “preponderance of evidence” not “beyond reasonable doubt”. So if it’s more likely than not that hedunnit, he will probably end up paying.
Generally, garnisheeing something like a wage or pension is pretty easy. You serve the employer, who must comply under penalty of law. (Give us his money, or the court will come back and give us your money instead). The only wrinkle I see is whether the federal government respects local state orders; I suppose there’s that issue. Plus, whether protections of pensions fail to take into account a person in jail does not need any minimum t live on.
IANAL, but I assume the income will always be his; she just takes it as it comes out. So, when she dies presumably the order expires too and he starts getting money again, unless her heirs are part of the action?
Not sure how a guy in prison would hide his assets unless he got his lawyer to do it; in which case, could you complain to the state bar association (hiding assets from the court) or he gave his stash away to a buddy just out of spite. But the pension is not transferrable - a set dllr amount comes to him from the feds every month…