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How Does Workers’ Compensation Affect Child Support?

If you’re divorced or have children and are required to pay child support, courts look at your income and several other factors in determining how much you need to pay on monthly basis. Although your salary is one portion of your income, the court may also consider any workers’ compensation benefits you receive as income.

In the eyes of most judges, money received through workers’ compensation benefits is essentially a substitute for the income lost due to the injuries you’ve sustained. Therefore, you must support your child with that money, just as you would have if you earned it through a paycheck. Likewise, if you are the custodial parent and receive child support, you will continue to receive child support payments even if the noncustodial parent has been injured and now receives workers’ comp benefits.

Wage garnishment still applies

In cases in which parents fail to make their child support payments in a timely manner, they may face wage garnishment, a process in which a creditor has money “garnished” directly from wages to be paid toward the debt owed. Workers’ compensation benefits may be garnished to make up for missed child support in the same way as regular income. The person receiving the child support payments may ask the court to speak with the agency disbursing the workers’ compensation benefits to withhold a specific amount for the purposes of meeting child support obligations.

For more information on how workers’ compensation may impact child support, speak with an experienced Orange County attorney at the Tous Law Group.

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