Is Workers’ Comp Considered When Determining Child Support?

When determining child support, a judge needs to consider many factors relating to both parents' income. After a parent suffers an injury or illness from a work-related incident, that person will usually receive workers’ compensation benefits that will cover up to two-thirds of his or her average salary or hourly pay for the week. This is one of many considerations that the judge will use to determine the amount and needs of child support.

Factors for Child Support

For both spouses, child support is an important matter that may come from one as money and the other as support. The parents will either have a custody arrangement that splits time into primary residence and visitation or a joint custody plan. The factors that will help to determine how much in child support the noncustodial parent will pay depend on this arrangement, income from both individuals, other living situations, money from all areas and external factors. The age and employment opportunities are also an element the judge will use.

Workers’ Compensation Before or After Divorce

While the workers’ compensation package provided through work may take care of most of the income issues the person will encounter, it is a matter that will affect child support depending on when the parent receives it. If he or she suffers the injury or illness before the divorce proceeds, the judge will usually consider this when determining the amount of child support for this noncustodial parent. In these situations, the calculations may not include future income if the situation involves temporary or permanent disability that the workers’ compensation covers until disability income is possible.

For a person suffering from an ailment after the divorce is over, the workers’ compensation may cause problems in paying child support or may remain the same depending on the difficulty in paying bills will fewer incoming funds. Receiving this after the divorce may lead to the parent seeking a modification to child support for hardship if two-thirds of his or her average wages is not sufficient to also pay child support on top of other bills. Then, the judge will need to determine how much is appropriate for these circumstances and how much to modify the payments for the duration of the workers’ compensation payouts.

Calculating Child Support

When going through the divorce case, the need to calculate either or both of spousal support and monetary child benefits are important issues. Any income coming into the household of the noncustodial parent is one such factor to help calculate child support. By adding in the costs of the household and taking some to ensure the youth from the marriage has care and receives a nurturing environment and assistance, the custodial parent will take the funds from the other parent to aid and for the benefits of the young person. It is his or her best interests that matter the most.

Workers’ Compensation on the Finances

Workers’ compensation packages usually provide most of the necessary funds to the person while he or she is still recovering from the injury or illness. This may help with medical bills, treatment and medication and the wages lost for the duration of this period. With the money coming in from this settlement each week or month, the noncustodial parent should, in usual circumstances, have sufficient funds to pay child support and all other bills. If a hardship does occur because of up to one-third loss in wages, he or she will need to petition the courts for a hardship. Then, later this person may return to the usual child support payments and transfer the full amount.

The Lawyer in Workers’ Compensation and Child Support

Either to assist with a decline in the quality of life or to help the youth from the marriage, the lawyer hired for cases that involve workers’ compensation may need to explain the matter before a judge. Other legal professionals communicate the matter with the custodial parent and seek an agreement.

Provided by

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws they may affect a case.

Find a Lawyer