If I have just settled a worker’s comp case but owe back child support, can child support take the money from my settlement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.