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Florida Public Defenders Seek Freeze and Lien for Attorney?s Fees on Marital Assets of Wife Who Allegedly Murdered Her Two Children With Husband

By Janet Langjahr

Florida Husband and Wife have two teen-aged Children.

Wife allegedly murders both Children.

Wife is arrested on murder charges.

Wife is represented in criminal court by public defenders.

The County seeks to freeze Wife’s assets and slap a lien on them to recover legal fees for the public defenders’ services.

Wife agrees to the freezing and lien.

But Wife’s assets are marital property – shared with Husband.

Husband objects to both the freezing and lien in the criminal court proceedings.

Husband has recently filed for divorce from Wife.

Husband argues that it is family court, not criminal court, that should rule on Husband’s and Wife’s marital assets.

Further, Husband asserts, he should not be forced into funding Wife’s defense.

Wife contends, without explanation, that Husband’s interest in their marital assets would not be affected by the freezing and lien.

After a hearing on the issue, the criminal court denies the motion to freeze Husband’s and Wife’s assets and subject them to a lien in favor of Wife’s public defenders.

Read more in this St. Petersburg Times article: Schenecker contests wife’s motion to freeze assets and this St. Petersburg Times article: Judge denies motion to freeze Julie Schenecker’s assets.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on February 27, 2011 (boomark / email).