If I have just settled a worker’s comp case but owe back child support, can child support take the money from my settlement?

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If I have just settled a worker’s comp case but owe back child support, can child support take the money from my settlement?

Asked on May 9, 2012 under Employment Labor Law, New York

Answers:

Nancy Wallace / Nancy Wallace Attorney At Law

Answered 9 years ago | Contributor

IN CALIFORNIA, it's YES the county files a 'Lien' against your comp recovery, and the state Workers Comp Judge cannot approve any award unless and until the Child Support 'Lien' is satisfied --- typically paying back all the payments due since the injury date.

I tell my clients to RUN to Family Court and get their Child Support order modified when they are hurt because they fail to make their payments because they have no income.   Most Family Law judges will modify the Support Order when they see the parent is without income for a short time due to an injury.

Ignoring the Support order and ignoring making payments is always a bad idea.

I've had many clients whose entire award went to Child Support and they received nothing personally because they ignored their support obligations.


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