Government lien trumps marital interest, rules 7th Circuit.

• Date: 10 September 2007

Byline: David Ziemer

Suppose you are a family law attorney, and a client's spouse is facing serious criminal charges in federal court, with the potential for high restitution. Don't look for guidance in the Wisconsin statutes governing family law and marital property; look to federal law first. A case decided by the Seventh Circuit on Sept. 5 illustrates what not to do: *Do not wait until after sentencing to file for divorce; and *Do not assume that state marital property laws will protect the client's half of the marital property. Frank Kollintzas was found guilty of converting large sums of money in Indiana federal court. When he disappeared, the district court sentenced him in absentia and ordered that he pay over $25 million in restitution. The government immediately initiated collection proceedings, including garnishment, under the existing...