Legal Question in Workers Comp in California
I previously asked "i live in california and will be receiving a worker's comp settlement. is it considered income and do i have to pay child support on the amount i receive?" The answer was Yes, if there is a lien filed showing an unpaid balance or something due."
There is no lien filed and I am not arrears on my child support. Would I still be required to pay child support on the settlement? Thank you.
2 Answers from Attorneys
No, the only time the District Attorney represents Child Support Services at the Workers'Compensation Appeals Board is when the injured worker is in arrears and then serves YOU plus the Insurer with the lien for back child support.
A Workers' Comp settlement is NOT "income"; it is not wages for work, not an income tax 'event'.
Ms.Wallace is entirely correct that it is no Workers' Compensation benefit is considered income. There is a section that states if you are behind in child support payments, a lien can be filed as to those payments past due. If you are on WC then there was a reduction in your wages/earning capacity and you might be able to file for a reduction in the amount of child support for future payments. Any reduction in payments is not retroactive.
Related Questions & Answers
-
How much is a l4.5 fusion worth in settlement terms? in ca work comp Asked 11/10/11, 8:52 pm in United States California Workers' Compensation Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
