Thibodeaux v. Thibodeaux

454 So. 2d 813
Supreme Court of Louisiana·Decided June 25, 1984·No. 84-CC-0084·Published·Cited by 7 cases

Opinion

454 So.2d 813 (1984)

Louise Miles THIBODEAUX
v.
Kidearn THIBODEAUX.

No. 84-CC-0084.

Supreme Court of Louisiana.

June 25, 1984.
Rehearing Denied September 14, 1984.

*814 Paul B. Deal, Lemle, Kelleher, Kohlmeyer & Matthews, New Orleans, for relator.

J. William Starr, J. Joseph Blotner, Gretna, for respondents.

MARCUS, Justice.

On October 19, 1979, the Civil District Court for the Parish of Orleans rendered by consent an executory judgment in favor of Louise Miles Thibodeaux and against Kidearn Thibodeaux for $5,460 for past due child support. Another consent judgment against Kidearn for $2,850 for past due child support was made executory by the same court on August 27, 1982. Thereafter, Louise filed a petition in the Twenty-Fourth Judicial District Court for the Parish of Jefferson to have the $2,850 judgment made executory in that court. Judgment was rendered and signed on June 27, 1983. Louise had the $5,460 judgment made executory in the same court on August 31, 1983. After issuance of writs of fieri facias, Louise caused Employers National Insurance Company to be cited as garnishee to declare what property it had in its possession or under its control belonging to Kidearn. Interrogatories to be answered by Employers were annexed to the petitions. Employers was making compensation payments pursuant to the Longshoremen's and Harbor Workers' Compensation Act[1] (LHWCA) on behalf of its policy holder Gulf Stevedores to Kidearn for his work-related injury in July 1980. Employers answered the petitions for garnishment and interrogatories asserting that the federally mandated benefits being paid to Kidearn were exempted under the LHWCA from attachment. The district court overruled the "exception of exemption of seizure" and ordered the garnishment to remain in effect. The court of appeal denied Employers' application for supervisory writs with reasons. On application of Employers, we granted certiorari to review the correctness of the ruling of the district court.[2]

The LHWCA was enacted by Congress to provide workers' compensation benefits to persons injured in the course of maritime employment. Maritime employers are liable for and must ensure that payments as compensation for disability are made to the employee periodically, promptly and directly,[3] and employers that are not qualified self-insurers must secure these payments by insurance with a carrier approved by the Secretary of Labor.[4] These payments from the carrier are protected under the LHWCA by the broad language of 33 U.S.C. § 916:

No assignment, release, or commutation of compensation or benefits due or payable under this chapter, except as provided by this chapter, shall be valid, and such compensation and benefits shall be exempt from all claims of creditors and from levy, execution, and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived. (Emphasis added.)

Despite this federal statutory exemption, the court of appeal agreed with Louise's contention that past due child support is *815 not a "debt" within the meaning of section 916 and hence that exemption is not applicable to the garnishment of LHWCA benefits under state court judgments for child support and/or alimony. We disagree.

Notwithstanding the limited application of federal law in the field of domestic relations generally, the Supremacy Clause protects rights and expectancies established by federal law against the operation of state law and prevents the frustration and erosion of the congressional policy embodied in the federal rights. U.S. Const. art. VI, cl. 2; Ridgway v. Ridgway, 454 U.S. 46, 102 S.Ct. 49, 70 L.Ed.2d 39 (1981). While state family and family-property law must do major damage to clear and substantial federal interests before the Supremacy Clause will demand that state law be overridden, the relative importance to the state of its own law is not material when there is a conflict with a valid federal law, for the framers of our constitution provided that the federal law must prevail. Hisquierdo v. Hisquierdo, 439 U.S. 572, 99 S.Ct. 802, 59 L.Ed.2d 1 (1979); Free v. Bland, 369 U.S. 663, 82 S.Ct. 1089, 8 L.Ed.2d 180 (1962). In particular, a state divorce decree, like other law governing the economic aspects of domestic relations, must give way to clearly conflicting federal enactments. Ridgway v. Ridgway, supra (servicemen's life insurance); McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981) (military retirement pay); Hisquierdo v. Hisquierdo, supra (Railroad Retirement Act benefits); Free v. Bland, supra (United States savings bonds); Wissner v. Wissner, 338 U.S. 655, 70 S.Ct. 398, 94 L.Ed. 424 (1950) (servicemen's life insurance).

The critical terms of the federal law involved here include payment to a specified beneficiary protected by a flat prohibition against attachment. The section itself says nothing about contrary dictates of state law or state judgments. Counsel for both parties assert they have found no reported case involving this LHWCA exemption provision and we have discovered none. Cases interpreting exemption provisions in other workers' compensation or benefit statutes are divided on whether alimony and child support awards are preempted by the general exemption of such benefits from creditors' claims.[5] Some courts have adopted Louise's sole argument in this case by holding that alimony and child support are not "debts" within the meaning of the exemption provisions because the wife and children are not creditors in the ordinary sense but are in fact persons intended to be benefited by the statutes as much as the workman himself.[6]

However, we are faced here with clear explicit language in a congressional enactment and not merely with the recognition of our state's public policy. Whatever the plausibility of her argument that LHWCA benefits ought to serve to protect a disabled worker's family and fulfill his legal obligation of support, La.Civ.Code art. 227, Louise nevertheless stands as a judgment creditor whose garnishment is an attachment prohibited by section 916. To allow her to garnish these benefits would require carving out a jurisprudential exception to Congress' anti-attachment clause which the strong language of the LHWCA does not permit. Section 916 does not refer only to claims of commercial creditors; it imposes a bar against the seizure of these benefits in terms broad enough to include all claimants. Cf. Philpott v. Essex County Welfare Board, 409 U.S. 413, 93 *816 S.Ct. 590, 34 L.Ed.2d 608 (1973) (federal disability benefits protected by 42 U.S.C. § 407 against state government).

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Thibodeaux v. Thibodeaux, 454 So. 2d 813 (La. 1984).

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