Can Child Support Be Taken From Workers’ Compensation?

Before we had workers’ compensation, when a worker would be injured in a workplace accident he or she would have to sue their employer, and since it was usually the worker against a big, wealthy company with deep pockets, it was usually the worker and their family that would lose. Thankfully, lawmakers realized how unfair this was and workers’ compensation laws were enacted nationwide.

Today, workers’ compensation is a no-fault system. This means an injured worker can file a claim for medical care and benefits regardless of fault. So, even if the worker’s own mistake caused the injuries, it would not preclude him or her from filing a claim and receiving benefits. However, when a worker receives workers’ compensation benefits, they are barred from filing a lawsuit in civil court against their employer.

Workers’ Compensation & Child Support

If you were injured on-the-job or if you fell ill with an occupational disease and you started receiving workers’ compensation benefits, you probably noticed how they are less than your average monthly wages. “Wage-loss benefits are equal to approximately two-thirds of your average weekly wage, up to a weekly maximum,” according to the Pennsylvania Department of Labor & Industry.

In light of the above, it can be difficult for injured workers to keep up with their child support payments when they are taking home two-thirds of their regular income. If you’re in this situation and you begin to skip child support payments, you may find yourself wondering if child support can be garnished from workers’ compensation benefits. The answer is yes, they can. Child support can be involuntarily taken from a noncustodial parent’s workers’ compensation, unemployment, or Social Security Disability (SSDI) benefits. But child support cannot be taken out of Supplemental Security Income (SSI).

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