Hoover-Reynolds

In this action two parties made competing claims to certain moneys collected from the former husband of petitioner Stacie Hoover-Reynolds (petitioner). The moneys are past due child support payments owed by the former husband to petitioner. The first claimants, attorneys Purviance & Purviance (Attorneys), assert they are entitled to priority because petitioner had granted Attorneys a “charging lien” to secure payment of the fees petitioner owed Attorneys. The second claimant, the County of San Diego (County) through its district attorney, asserts it is entitled to the moneys based on an assignment by petitioner pursuant to Welfare and Institutions Code section 11477 to County of petitioner’s rights to past due spousal and child support owed by petitioner’s former husband.

The issue is whether Attorneys’ lien claim has priority over County’s claim. The trial court found County was entitled to the moneys and ordered them disbursed to County. We conclude that an attorney’s “charging lien” does not attach to funds paid for child support obligations and therefore the trial court’s order was correct and we deny the writ petition.

I. Factual and Procedural Background

A. The…