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Does Workers’ Compensation Affect Child Support?2 minute read

Many people have a legal obligation to make child support payments.  Sometimes, these payments are automatically deducted out of a person’s paycheck.  So, what happens when you are injured at work and you have an obligation to pay child support?

Can child support be deducted from my workers’ compensation check?

Yes. You still have to pay your child support obligation even if you suffer an injury at work. Money can be held out of your weekly workers’ compensation benefits for payment of that obligation. If you are behind on your child support payments, then money to pay the back due amounts can be held out as well.

Many people have questions about how much child support they pay when they are receiving workers' compensation benefitsDo I have to pay less child support since workers’ compensation pays me less per week than what I was earning at work?

You will be receiving less money per week when you receive workers’ compensation benefits. At most, you will receive two-thirds of what you made before your injury. If your earnings were high enough, you may receive even less (since Georgia has a maximum temporary total disability rate). Since your amount of child support was likely based on your earnings before your injury, it may be difficult for you to meet that obligation.

Despite the fact that you are receiving less money, your obligation will stay the same unless there is some additional agreement or order made in your child support case. If your circumstances have changed and you think your payment should be less, you will have to take action to get that modified. If you think your obligation should be changed, you should probably discuss this with an attorney that handles child support cases.

If I settle my workers’ compensation case, will child support be held out of my settlement?

Whether child support is held out of a workers’ compensation settlement usually depends on whether you are current on your payments. If you are current on your payments, then money will generally not be held out of your workers’ compensation settlement.

However, if you are behind in your child support obligations, then money will generally have to be held out of settlement to pay the back due amount.  Often, a lien has been filed for the back due child support amount.  State Board Rule 15 covers the requirements for all workers’ compensation settlements. Subsection (l) of that rule requires an injured worker to stipulate that there are no outstanding child support liens.

What if I have other questions about workers compensation?

Georgia’s workers compensation system can be very confusing.  You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.

If you have questions, I would recommend that you try to get answers.  To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article.

Jason Perkins is an attorney who specializes in representing injured workers.  He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families.

To be notified of Jason’s new workers compensation videos, subscribe to his Georgia Workers Compensation Video Series channel on YouTube by clicking the subscribe button below.

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