Sue Davidson, P.C. v. Naranjo

904 P.2d 354, 1995 Wyo. LEXIS 190, 1995 WL 600015
CourtWyoming Supreme Court
DecidedOctober 13, 1995
Docket94-178
StatusPublished
Cited by20 cases

This text of 904 P.2d 354 (Sue Davidson, P.C. v. Naranjo) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sue Davidson, P.C. v. Naranjo, 904 P.2d 354, 1995 Wyo. LEXIS 190, 1995 WL 600015 (Wyo. 1995).

Opinions

LEHMAN, Justice.

Appellant Sue Davidson, an attorney, attached an attorney lien on child support payments paid to her client, appellee Lou Ann Naranjo, in an attempt to recover attorney fees and costs rendered on the client’s behalf. Davidson appeals the district court’s order dismissing the action to have the funds paid to her.

We affirm.

ISSUE

Davidson presents one issue:

Does Wyoming’s Attorney Lien Statute, Wyo.Stat. § 29-l-102(a)(ii) (1981) which states that an attorney shall have a lien for compensation due and that the lien thereby attaches upon money due the client from an adverse party, authorize an attorney’s charging lien attachment upon a nonpaying client’s child support award where the award is the direct result of the efforts and services of the attorney; and, where the attorney has exhausted other means of collection?

No opposing brief was submitted by Nar-anjo.

BACKGROUND

Davidson represented Naranjo in an action to recover unpaid child support payments from Naranjo’s ex-husband and to modify the divorce decree to increase the amount of the child support obligation. In an effort to recover fees and costs for her services, Davidson attached an attorney lien pursuant to W.S. 29 — 1—102(a)(ii) (1981 Rpl.) on the child support payments which were received by the clerk of the district court and filed a Motion to Pay Funds to Counsel. The district court dismissed Davidson’s action, ruling that attorney liens cannot attach to child support monies. Davidson timely appealed.

STANDARD OF REVIEW

Under our well-established rules of statutory construction, we “endeavor to interpret statutes in accordance with the Legislature’s intent.” Halpern v. Wheeldon, 890 P.2d 562, 564 (Wyo.1995); State Dep’t of Revenue & Taxation v. Pacificorp, 872 P.2d [356]*3561163,1166 (Wyo.1994). “ ‘[T]he initial step in arriving at a correct interpretation ⅜ * * is an inquiry respecting the ordinary and obvious meaning of the words employed according to their arrangement and connection.’ ” Parker Land & Cattle Co. v. Game & Fish Comm’n, 845 P.2d 1040, 1042 (Wyo.1993) 0quoting Rasmussen v. Baker, 7 Wyo. 117, 133, 50 P. 819, 823 (1897)). “‘[W]e give effect to every word, clause and sentence and construe all components of a statute in pari materia.’ ” Parker Land & Cattle, at 1042 0quoting City of Laramie v. Facer, 814 P.2d 268, 270 (Wyo.1991)). We must first determine whether a statute is clear or ambiguous. A statute is unambiguous if its wording is such that reasonable persons are able to agree as to its meaning with consistency and predictability. A statute is ambiguous only if it is found to be vague or uncertain and subject to varying interpretations. Halpern, at 564-65. Whether an ambiguity exists in a statute is a matter of law to be determined by the court. Id., at 565; Parker Land & Cattle, at 1043. If the language of the statute is plain and unambiguous, we apply its plain meaning and need not consult the numerous rules of statutory construction. Houghton v. Franscell, 870 P.2d 1050, 1054 (Wyo.1994).

DISCUSSION

Davidson claims she is entitled to have an attorney lien attach upon the child support payments because the lien falls within the scope of Wyoming’s attorney lien statute. The attorney lien statute, W.S. 29-1-102, states in pertinent part:

(a) For professional services performed on behalf of a client, an attorney shall have a lien for compensation due him from the time of giving notice of the lien. The attorney’s lien attaches upon:
* ⅜ * * * 'Y-
(ii) Money due his client and in the possession of an adverse party.

We find W.S. 29-l-102(a)(ii) to be clear and unambiguous. The purpose of the attorney lien statute is to enable an attorney to place a lien on funds that belong to their client but are in the hands of an adverse party in order to pay for services rendered by the attorney. Thus, the statute is analogous to any other creditor-debtor situation where the creditor attaches a lien to property in which the debtor has an ownership interest to secure or pay off a debt owed by the debtor. It is a basic tenet of creditor-debtor law that, before a creditor may attach a lien to property, such property interest must be owned by the debtor. See 51 Am.Jur.2d Liens § 16 (1970); 6 Am.Jur.2d Attachment and Garnishment § 92 (1963); and 53 C.J.S. Liens §§ 2, 11 (1987). We hold, therefore, that, for a client to be “due” money under § 29-l-102(a)(ii), the client must have a pos-sessory, ownership interest in that money.

The dispositive issue in this case is whether a custodial parent of a child has a posses-sory, ownership interest in child support payments made by the non-custodial, payor parent. The district court ruled that Davidson’s attorney lien could not attach to the child support payments because those payments were monies judicially determined to be necessary for the adequate support and maintenance of the children, paid to the custodian as trustee, and an attorney lien would thwart important public policy considerations regarding child support. We have stated before that child support payments are the children’s monies:

Often misunderstood by parents embittered by divorce, “child support” represents a legal obligation of the parents to the children. “[Cjhild support is for the benefit of the children as [a parent’s] obligation to contribute to the upbringing of [the] children. A support payment is the children’s money administered in trust by [the custodial parent] for their benefit”

Cranston v. Cranston, 879 P.2d 345, 349 (Wyo.1994) (quoting Macy v. Macy, 714 P.2d 774, 777 (Wyo.1986)) (emphasis added). We reaffirmed this concept recently in the case of Smith v. Smith, 895 P.2d 37, 42 (Wyo.1995), wherein we stated that “child support is a legal obligation [parents] owe to their children.”

Child support stands in a unique and special position in law. The district court determines the amount of money the [357]*357children need to support their upbringing and provide for their welfare, taking into account the parent’s ability to pay. Child support is indeed the children’s money, for their exclusive beneftt. See Broyles v. Broyles, 711 P.2d 1119, 1125 (Wyo.1985). However, because the children are minors, the district court, pursuant to W.S. 20-2-113(g), orders that the support amount be paid to the clerk of the district court, and the clerk thereafter delivers the support payment to the custodial parent. See also W.S. 20-6-304(a). The custodial parent stands in the shoes of a trustee, administering the money to the children based upon their needs and welfare.

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Sue Davidson, P.C. v. Naranjo
904 P.2d 354 (Wyoming Supreme Court, 1995)

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Bluebook (online)
904 P.2d 354, 1995 Wyo. LEXIS 190, 1995 WL 600015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sue-davidson-pc-v-naranjo-wyo-1995.