A work related injury can negatively impact a family physically, financially and emotionally. The stress created by a debilitating injury or illness can put a strain on your marriage, sometimes resulting in divorce or separation. This raises questions regarding how workers’ compensation benefits will be applied to a child support obligation.
When you are out of work due to a work-related injury or illness, you will likely receive workers’ compensation benefits. You will receive a certain percentage of your gross weekly wage subject to a statutory maximum benefit. The fact that you are not receiving your regular paycheck does not suspend your obligation to pay child support and the court will consider your workers’ compensation benefits as income for that purpose.
Workers’ compensation benefits can be garnished to pay for child support. If you are the parent recipient of child support, you can request the court to order the state agency or organization that’s paying the workers’ compensation benefits to withhold a certain amount to satisfy the child support obligations. This money will be sent directly to you to help you support and take care of your child.
If you are the payer of child support, you may want to ask an attorney whether the child support obligation can be reduced while you are receiving workers’ compensation benefits. A modification of child support may be possible while you are on a limited income.
If you have questions regarding workers’ compensation or have a family law issue, contact the Des Moines Law Offices of Stoltze & Stotlze PLC for help. For over 30 years, our attorneys have handled a broad range of family law-related issues including divorce, child support, child custody and property division. Our outstanding legal team is also highly skilled at investigating workers’ compensation claims and arguing for maximum and timely compensation. If you are injured at work or grappling with a difficult family issue, contact our law office today for help.