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How Child Support Affects Workers' Compensation Benefits

How Child Support Affects Workers' Compensation Benefits

Having to live off from paycheck to paycheck can be slightly pressuring, especially if you’re a parent that needs to pay for things such as child support on top of your regular bills. In the wake of an accident in the workplace, though, an employee may be entitled to workers’ compensation benefits should they undergo any injury or temporary disability.

However, that aid may not last for long due to the requirements of child support payments. So many questions can arise, such as whether or not workers’ compensation benefits can be taken away due to child support and how exactly you can stop it.

Here’s what you need to know about how child support affects workers’ compensation benefits:

Compensation for Work-Related Injury

There are many instances in different industries where workers will get into dangerous situations, leaving them with a wound or disease at the end of it. When an employee undergoes a workplace injury where they will not be able to work and make an earning, they must be given proper compensation.

This insurance is normally paid until an employee is finally ready to work again and is fully recovered. It’s calculated by taking in a percentage of a person’s average weekly wage, covering up a part of the lost income. Understandably, it is lower than the regular income to solely cover the disability that an injury or disease from the workplace has created.

Demands to Satisfy for Child Support

Even though workers’ compensation benefits are given to an individual as an employee and for their potential medical bills, those funds can be funneled into the child support payment instead. Parents are obligated to pay that financial aid for their children despite the workplace injury and the expenses that arise from it.

These financial obligations do last until a child graduates from high school or reaches legal age, though there are also different circumstances that will allow child support to end. For example, a parent won’t need to pay child support anymore if the child gets married, joins the military, or is legally emancipated.

Otherwise, as long as a child is still eligible and the terms and conditions for custody still stand, a parent needs to pay child support. There have been cases wherein every single dollar of the awards from worker’s compensation benefits went into child support.

Application for Child Support Modifications

Having to pay the child support while being in debt due to your medical bills can be a tough situation to navigate. A person is negatively affected both legally and financially in that worst-case scenario. However, both state and federal law does allow the terms under child support to be modified if there’s a case to be presented.

Individuals who are unable to fulfill their payments due to their circumstances can request a change in their child support order to be exempted from having all the awards meant for their workplace injury expenses. Speak with an attorney on how you can present your case and protect your compensation.


In summary, workers’ compensation benefits can be taken away due to the need to pay for child support. Under certain circumstances, a parent can apply for child support modifications to prevent that from happening and allow them to allot the benefits they earned themselves.

Looking for workers’ compensation attorneys? Pacific Workers are the lawyers for injured workers in Oakland, Tracy, Concord, San Jose, Stockton, Sacramento, and the entire Northern California. Call us at 800-606-6999 to get a free consultation!

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