Missouri Court of Appeals, Western District / Mar 12, 2019
Karen Peoples vs. The Medical Protective Company
Karen Peoples sought to enforce a child support lien against personal injury settlement proceeds paid by The Medical Protective Company (MedPro) to her ex-husband. The trial court ruled in favor of Peoples, finding her notice of lien under § 454.519 RSMo was valid, even though the ex-husband's lawsuit had already been filed. On appeal, MedPro argued that Peoples was required to comply with § 454.518 RSMo, which mandates filing notice in the court where the suit is pending. The appellate court affirmed, holding that §§ 454.518 and 454.519 provide alternative, non-conflicting methods for perfecting a child support lien, and compliance with either is sufficient.