Child support involves giving financial support to a child until he or she is no longer a minor. Parents must ensure the kid gets proper healthcare and education. On the other hand, workers compensation (WC) is money paid to an employee who suffers from injury when on duty. Such funds may have a significant effect when it comes to calculating child support in case of a divorce. According to marriage law, marital property is anything you have acquired irrespective of the source while you are still married. Therefore, WC benefits will play a big role when calculating the amount of child support. Let me walk you through what you need to know about child support and WC benefits;
Using workers compensation to calculate child support
As a general rule of thumb, if you are awarded workers compensation benefits after an injury while you are still married, you are required by law to share it with your spouse. However, if the injury happened before you are legally married; the funds belong to you alone. Some states consider workers compensation as a non-marital property. The law is quite strict when it comes to child support. Even if a parent cannot perform normal occupations, he or she cannot stop paying for the child’s basic needs. In case part of the workers compensation award compensates for medical expenses and lost wages, the funds cannot be used to calculate child support. The compensation is regarded as a non-marital property.
What happens when parents fail to pay for child support?
The court will give an order that the workers compensation to be used to pay any overdue support .If a parent is making less than the normal earnings and has received the workers compensation benefits, he or she can put it in writing requesting the court for a reduction in child support. To avoid falling into any arrears, it’s recommended that parents should submit the necessary paperwork and file a case in a court of law. On the other hand, if you are not sure how the workers compensation will affect the calculation of child custody, you should seek legal advice from an attorney.
Above is what you need to know about child support and WC benefits. Whether you have suffered a serious injury or you are dead broke, you cannot wipe out any overdue child support payments. Unless you have received child modification from a court, failure to pay for child support can result to serious consequences. In case you have a problem meeting your child support obligations after receiving workers compensation payment, it’s recommended that you create a more realistic budget.