There are many Georgia workers’ who pay child support. Some are ordered by the court and the payments are withheld directly from his or her pay. So, what happens if that worker gets injured on the job and receives workers’ compensation benefits?

Obligation to Pay

Whether or not you were injured on the job has nothing to do with your moral and legal obligation to make child support payments. If your payments were being automatically deducted before, they will likely be taken out of your weekly workers’ compensation benefits. And if you owe back payments, that money can be taken from your payments as well. The custodial parent can also request garnishment of your workers’ comp check. The Georgia Department of Health and Human Services, Division of Child Support Services provides enforcement for child support and is the agency who can garnish workers’ compensation benefits.

Workers’ Comp Settlement

The laws of Georgia encourage settlement with workers’ compensation and most individuals have that option. If you are receiving a settlement check and have unpaid child support, there is a good chance that some of your money will go towards the back payments. Essentially, the settlement is treated like any other form of income. If there is a child support lien, it must be resolved before a settlement can be reached.

Modification of Child Support

Workers compensation benefits are roughly 2/3 the size of an employee’s normal paycheck. Because of this decreased income, the court can be notified of a change in financial circumstances and the payments can be reduced during the time period you are receiving workers’ comp. If you find yourself in a situation where you have reduced income because you were injured on the job, and assuming you are on good terms with the custodial parent, having a discussion and making payment arrangements together can sometimes be the easiest and most straightforward path.

There are many legal challenges that come with worker’s compensation and hiring a good workers’ comp lawyer will give you the best chances at finding the right solution. A lawyer will also help make sure you fulfill any legal obligation you may have, such child support, and help you make sure regulations are followed.