Workers’ compensation is a no-fault system. Meaning, if a worker is injured in a workplace accident or if they become sick with an occupational disease, the worker can file a workers’ compensation claim regardless of their own degree of fault.
While workers’ compensation covers medical care and provides monthly benefits to the injured worker, it does not compensate the individual for 100% of their pay prior to their injury. Instead, workers’ compensation is less than the worker’s average weekly wage before the injury. This can cause problems for injured workers who also happen to be noncustodial parents who pay child support.
Child Support Can Be Taken from Workers’ Comp
Across the country, all 50 states are very serious about child support. Both parents are expected to financially support their children, and this obligation does not end when a parent becomes sick, disabled, unemployed, or even incarcerated. So, even if a parent is seriously disabled, they still have to find a way to support their dependents.
“Can child support be taken from my workers’ compensation benefits?” is a question that a lot of parents ask when they go on workers’ comp. The short answer is, “Yes, child support can be taken from workers’ compensation benefits.” It can also be taken from Social Security Disability (SSDI) and unemployment benefits, however, Supplemental Security Income (SSI) is untouchable.
What Are My Options?
If your income is significantly lower because you’ll be on workers’ compensation for an extended period of time, our advice is to petition the family court for a downward modification. Child support is not retroactive, so it’s important to do this as soon as you foresee that your income will be reduced for a while.
Next: License Suspensions for Child Support in Colorado
If you cannot afford your current payment because your income has been reduced, contact Jones Law Firm, PC for help filing for a downward modification to your existing child support payments. We would be happy to help you find a practical solution.