Utah Court of Appeals

Can attorney liens attach to child support collected by government agencies? Fisher v. Fisher Explained

2003 UT App 91
No. 20010771-CA
March 27, 2003
Reversed in part and Dismissed in part

Summary

Attorney M. Dirk Eastmond sought to attach his attorney lien to past-due and future child support payments collected by the Utah Office of Recovery Services on behalf of his former client. The trial court allowed the lien against past-due payments but denied it for future payments.

Analysis

In Fisher v. Fisher, the Utah Court of Appeals addressed whether attorney liens can attach to child support payments collected by the Office of Recovery Services (ORS), clarifying important limitations on attorney lien enforcement against governmental entities.

Background and Facts

Attorney M. Dirk Eastmond represented Nanette Fisher in her divorce action, obtaining judgments for past-due child support and future child support payments. When Fisher opened a case with ORS for enforcement, ORS garnished her ex-husband’s wages and collected the funds. Eastmond then filed a notice of attorney lien seeking to attach these collected funds to satisfy his attorney fees. ORS intervened and moved to quash the lien.

Key Legal Issues

The court addressed two primary issues: (1) whether attorney liens can attach to funds in the possession of ORS, a governmental entity; and (2) whether Eastmond properly intervened in the underlying action to enforce his lien against future child support payments.

Court’s Analysis and Holding

The court reversed the trial court’s decision allowing the lien against past-due payments. Under Utah Code § 63-30-22(2), “execution, attachment, or garnishment may not issue against a governmental entity.” This statutory restraint prevents attorney liens from attaching to funds held by ORS, regardless of contractual agreements. The court found this restriction constitutes a “restraint by law” under the attorney lien statute, Utah Code § 78-51-41.

Regarding future payments, the court dismissed Eastmond’s cross-appeal for lack of subject matter jurisdiction. Eastmond failed to properly intervene in the underlying action, and intervention after judgment entry is generally not permitted. The court emphasized that attorneys must either intervene before judgment or file a separate action to enforce attorney liens.

Practice Implications

This decision establishes that attorney liens cannot reach funds held by governmental agencies, even when those funds represent client recoveries. Practitioners must carefully consider timing when seeking to enforce attorney liens in cases involving government collection agencies, ensuring proper intervention before final judgment or pursuing separate enforcement actions.

Original Opinion

Link to Original Case

Case Details

Case Name

Fisher v. Fisher

Citation

2003 UT App 91

Court

Utah Court of Appeals

Case Number

No. 20010771-CA

Date Decided

March 27, 2003

Outcome

Reversed in part and Dismissed in part

Holding

Attorney liens cannot attach to funds in the possession of a governmental entity, and attorneys seeking to enforce liens against child support payments must properly intervene in the underlying action or file a separate action.

Standard of Review

Correctness for matters of statutory construction

Practice Tip

When seeking to enforce attorney liens on child support payments, ensure proper intervention in the underlying action before judgment is entered, or file a separate action to avoid jurisdictional defects.

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