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Brill v. Hughes5/14/1998
ssion. See Section 15-11-114, C.R.S. 1997 (providing that a parent who fails to support a child may not inherit through or from the child).
Accordingly, absent such legislation, it would be inappropriate for a court to inquire into the worthiness or unworthiness of a particular parent in determining whether he or she is entitled to share in any judgment under Section 13-21-201(1)(c). See Spurling v. Johnson, 747 S.W.2d 350 (Tenn. App. 1987) (parent who failed to support child was not precluded from recovering under state's wrongful death statute); Pogue v. Pogue, 434 So. 2d 262 (Ala. Civ. App. 1983) (accord); Anderson v. Anderson, 211 Tenn. 566, 366 S.W.2d 755 (1963) (accord); Brady v. Fitzgerald, 229 Miss. 67, 90 So. 2d 182 (1956) (accord); but see Sapp v. Solomon, 252 Ga. 532, 314 S.E.2d 878 (1984) (holding that parent was not entitled to recover under wrongful death statute when parent failed to support child).
We therefore conclude that the trial court correctly determined that father and mother must share equally in any arbitration award.
The judgment is affirmed.
JUDGE RULAND and JUDGE VOGT concur.
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