Wood owed DeThomas $24,160.28, which represented unpaid support for the minor ch
ID: 2433030 • Letter: W
Question
Wood owed DeThomas $24,160.28, which represented unpaid support for the minor child of the couple. Wood subsequently obtained a settlement in a personal injury lawsuit in the amount of $17,000. The state of Colorado served Woods's law firm in the personal injury lawsuit with a writ of garnishment. The law firm disbursed $9,830.03 to the state but withheld $6,593.22 to cover the law firm's legal fees and $576.75 for a medical lien. The state then moved the court for the remaining balance of the funds withheld by the law firm. Should the state be entitled to collect the balance from the law firm? Who has priority with respect to the balance, the state for unpaid child support or the law firm for services rendered in the persona injury lawsuit? [in the Interest of J.W., 174 P.3d 315 (Colo. App. 2007).1
Explanation / Answer
Definitely, the State is entitled to collect the balance from the law firm as the law firm cannot claim their expense from the funds owed to De Thomas. It is extremely unethical.
It is the State for Unpaid Child support which has the priority with respect to the balance.
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