Meriwether & Tharp, LLC
Meriwether & Tharp, LLC 1545 Peachtree Street NE, Suite 300 Varied
If you have divorce questions

Does asset freezing apply to medical payments?

Contempt cases always carry a bit of animosity as they result from one party refusing to abide by the terms of the divorce agreement/judgment. Some contempt cases arise out of a true inability to pay the amount owed, while others are the result of an outright refusal to pay, with no good legal reason for doing so. In a case currently pending in New York, a woman, whose ex-husband owes her $34 million as part of their divorce judgment, is attempting to freeze payments her ex is making to his new wife’s fertility doctor. My ex is using my money to get his new wife pregnant, by Julia Marsh, nypost.com, March 29, 2016. 

The ex-husband, Mr. Kozel, has claimed he does not have the cash to pay his ex, Ashley Kozel, while at the same time showering his new wife with expensive gifts and trips. Apparently, there has been a pattern of refusal to pay Mrs. Kozel the amount owed, which has caused her to go down several different avenues in an attempt to collect the judgment before getting to the fertility doctor. The Judge in the contempt action found that Mr. Kozel “attempted to make transfers of well in excess of $100 million in marital assets to undermine the judgment and authority of the Florida court [in the divorce case].” Socialite sues for Chelsea pad after playboy ex ‘refuses’ to pay $38M settlement, by Julia Marsh, nypost.com, September 26, 2015. In fact, the reason he owes her the $34 million is that he delayed transferring stock to her under the divorce judgment, which lost value and cost her that amount.

While this tactic of, according to Mr. Kozel’s attorney, “preventing a woman from seeking medical treatment” may be distasteful, the ex-wife is likely within her rights. From the articles, it seems that she has exhausted several resources and options in an attempt to collect from Mr. Kozel. The Judge even seems exasperated with his antics. According to the article, the Judge didn’t seem to be angry at Mrs. Kozel’s latest attempt to collect, instead telling Mr. Kozel that the only way to stop it is just to pay her what he owes. While the Judge wants to the parties to work this out themselves, it does not seem that Mr. Kozel is willing to do so. He is currently appealing the $34 million payout and, again, attempting to avoid paying the judgment owed.

Categories:

Contempt
Back to Blog