Wujcik

In this action the trial court adjudicated competing claims to a $35,000 arbitration award against Allstate Insurance Company and in favor of Michael Wujcik resulting from injuries Mr. Wujcik suffered in an automobile accident. Numerous medical providers and the attorney who represented Mr. Wujcik- in the personal injury action claimed contractual liens against the award totaling $35,800. Judith Wujcik, Mr. Wujcik’s former spouse, claimed a lien for back child support against the same award in the sum of $30,000. The trial court ruled in favor of Ms. Wujcik and ordered Allstate to pay her $30,000 from the arbitration award. We reverse.

Facts and Proceedings Below

Michael and Judith Wujcik separated in 1984. Ms. Wujcik remained in Massachusetts with the couple’s two children. Mr. Wujcik moved to California. Mr. Wujcik made no child support payments between the date of separation and April 1991, the date Ms. Wujcik obtained a judgment of divorce.

In 1989, Mr. Wujcik was injured in an automobile accident. He retained the services of an attorney to represent him in connection with his claim for damages and signed an agreement granting the attorney a lien on any recovery.…