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Do I have to pay child support if I’m receiving workers’ comp?

Success in real estate is said to depend on three things: location, location and location. When the issue of child support is under discussion in Louisiana, it could be said that the three factors that are most important are: income, income and income.

It does not matter what the source of your income may be. Whether it is a regular paycheck, gains on investments or benefits received through government support or something like workers’ compensation, the expectation is that you will meet the obligation that the court sets for paying child support.

The law specifically reads, that “income from any source,” including workers’ compensation benefits, must be counted as part of the gross income of parents obliged to contribute to the financial support of a child.

There is no doubting that when a worker is injured on the job and has to begin receiving workers’ compensation benefits to make up for lost wages, it can be a devastating situation. In some cases, the injury and the status of receiving workers’ compensation could prove to be the stressors that lead couples to split and prompt going to family court.

But when you consider that state law requires employers or workers’ compensation insurers to pay claimants nearly 67 percent of their average weekly pay, and that the money is generally not taxable, it should not be surprising that child support obligations would remain in place.

There could be problems, though, if your payments have been set up to be deducted directly from your paycheck. Workers’ compensation benefits aren’t subject to automatic deduction so it might be necessary for you to adjust child support levels and how they’re paid.

What action you should take depends on the laws of your state and to be sure you know what your options are it’s important to speak with a skilled family law attorney.

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