Legal Opinion

In Re the Marriage of Hamby

Colorado Court of Appeals

Decided October 30, 1997No. 96CA2107PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

Chief Judge STERNBERG.

The sole issue in this appeal, brought by the Colorado Compensation Insurance Authority (CCIA) as garnishee, is whether per manent partial disability benefits payable under the Workers’ Compensation Act, 8-40-101, et seq., C.R.S. 1997, are subject to garnishment for child support. We conclude that under 8-42-124(6), C.R.S. 1997, they may not be garnished; therefore, we reverse the order of the trial court.

Paulette Watson (garnishor) obtained a judgment for child support arrearages against Stanley Hamby, her former husband, and served CCIA with a writ of…

2Cases cited5 opinions

  1. McClellan v. MeyerSupreme Court of Colorado · 1995
  2. Walker v. PeopleSupreme Court of Colorado · 1997
  3. McCarty v. PeopleSupreme Court of Colorado · 1994
  4. In re the Marriage of SnyderColorado Court of Appeals · 1987
  5. People v. CounceCalifornia Court of Appeal · 1948

3Cited by2 opinions

  1. Jones v. Stevinson's Golden FordColorado Court of Appeals · 2001
  2. Division of Child Support Enforcement v. Industrial Claim Appeals OfficeColorado Court of Appeals · 2004

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