Many of our clients who are injured on the job also have child support obligations at the time of their injuries. Some are also child support recipients. It’s natural to wonder how your child support might impact your disability benefits.
Here’s what you need to know.
If You Are Paying Child Support
If you have a regular child support payment then the New Jersey Child Support enforcement office can take your payment right out of your benefit amounts, just like they were able to take them out of your paycheck. You will still continue to owe child support.
Of course, this can prove financially difficult for some of our clients, as they are now only receiving 70% of their wages, but their child support amount remains the same.
Depending on when you are expected to recover and how well you are expected to recover, you may be able to apply for a modification of child support that lowers your payment amount based on the amount of money that is actually coming into your bank account every week. To do this you would have to file a motion with the family court. It may be a good idea to look into taking this step sooner rather than later so that your child support does not go into arrears.
If you owe back child support then a lien will be attached to your case. The arrears will have to get paid right out of your workers compensation settlement. That’s statutory, which means we as your attorneys cannot negotiate the amounts that go to child support. Child support comes first, above and beyond your own needs.
If You Receive Child Support
New Jersey law requires you to pay 70% of your average weekly wages regardless of whether or not you are receiving child support.
Child support is not technically part of your “income.” It isn’t taxed like income. It is money meant to go to the care of your child and should not reduce or impact your workers compensation benefits in any way.
Get Help With Your Workers Compensation Benefits Today
All aspects of a workers compensation case can get complicated. Our team is devoted to helping you make the process as smooth as possible while helping you maximize your benefits so you can pay all of your bills and obligations, including child support.
If you have suffered from a major injury at work, don’t hesitate. Call our office to get help today.