Back Child Support While Out on Workers Comp

[midwest09]

My workers compensation claim was made in the State of: Georgia ,Hello I want to know that have anyone ever been behind on childs support payment because of work injury? Well I been off for 9 months and for back injury and I been receiving TTD every two weeks instead of weekly ,Georgia workers comp states weekly checks so I been going throw with that also, I am schedule for court in two weeks I always paid child support on time it was deducted weekly out of my check from the job I have received 2 ESI already and they are not working they want to do surgery and I have tried for modification have not got any word back from them, I have a lawyer he wrote a note to the childs support office, the check I get every two weeks are late and it only pay my rent and utility. My job has been terminated due to contract expire not being renewed. I have paid what i could .I have have fail back a few thousand my attorney say that I cannot go get a job why I am on workers comp ,which I cannot due anyway. Can someone help me with this question.

[this is awful]

to be honest with you i havnt ever had to deal with child suport as i have my children, but i am sorry you have this along with you injury. i dont mean to sound bad or tell you something to upset you, but the way i understand is that courts are unsympathetic to fathers who pay support. children still need to eat. they may reduce your amount you owe, but still think you will be responsible for some aspect of it. will tell you this... i have had my children for 2 years, never got a pennie from my ex wife. i think its a tradgity how men are allway to be made to be so called responsible and not the other way. will end with that ... as this subject is very sour with me, and i will wish you luck in dealing with both situations.

[roofinfool]

I am not familiar with GA law however in Calif I can tell you that you need to petition the Family court for a "Change in Circumstances" and present it to the Judge.....should the court find in your favor then the modification would be initiated on the date of the order.....unfortunately any amount owed up until that date CANNOT be modified......so time is of the essence......

You indicated your Lawyer wrote a letter....I'm assuming you mean your WC AA? That may not help you.....you should contact your Child Support Office and speak with your representative......they should be able to direct you to the appropriate office to obtain the forms necessary to request a court hearing on the matter......

Also understand that there is the possibility that since you have not paid your child support as ordered, you may already be in contempt.....your children may be entitled to Welfare and you will be required to pay this back as well as the current support as ordered [until it is modified] plus interest.......

So time is not on your side here......the longer you wait to address this situation the larger your debt is growing......and WC can be attached for back support.....as well as Unemployment payments, and your tax money.

RW.....

[midwest09]

Thanks alot. Court date already has been set,and I know it is contempt . I sent a modification forum in, it is under reveiw I still have this court date set . The WC lawyer did send a letter explaining my situation . I have sent payments but not the full payments, so I am hoping that things can work out.

[momofverymany]

I am a NY state Lady...I am the mother of 6 children( one is married off)....My former husband has been trying to NOT pay child support since we divorced in 2004

He filed for a change in circumstances in sept of 2008...my one son went into the military...okay no problem the amount of child support reduced to 31% rather than 35%

....but he also wished to have my other son emancipated, My other son although 20, continued to live in and out of my home for the last year related to medical issues..

My former husband managed to get a court date for 10/28 a date which i didnt recieve until november 3rd. We had a court date then for 12/3....both of us arrived...it was determined that a hearing would be needed....he by then had applied for an additional change of circumstances...he supposedly had a shouldnt injury...the injury occured on 10/28 hmmm convenient huh??


anyhow i get informed on 12/3 that he has this additional reason for asking for additional downward modifications... okay a hearing date is made for 1/23...I arrrrive at the hearing ready with paperwork and proof of expenses and income....He isnt there...he has checked himself intot he nut house...because he is sooo stressed.

okay hearing now reschedule to 3/18...now bear in mind effective 11/8 he is no longer paying child support at all! not a blessed dime he gets his workers comp checks weekly...ah but when he ended up inthe nut house...the w/c ins co decides he isnt injured at all so now he is really upset and depressed...

okay a hearing is held 3/18 out in riverhead NY..for me it is a day from hell...I have several uprured& herniated discs I have been declared disabled by workers com, social security and pretty much there is NO argument that I am disabled..

he however has had a hearing and due to the fact hat he didnt bring any income information proof other than his workers compensation....and didnt have any proof that he was actually 100% disabled the judge adjusted the childsupport ...

He decided that My son who is 20 should be emancipated...he isnt fully independant...I continues to be financial dependant on me....he has been in and out of medical facilities...but for the entire time from 10/20 through 1/09 he lived with me... the judge changed the amount of the child supporteffective 9/08 not 11/08 which is when he sustained an income change...

If the judge wished to change the percent based upon the number of kids when the kids were in and out of the house..I have no problem...but he didnt change the amount based on the amount the ex-hubby earned he just took the workers comp as his income fromt he get go...he eanred more than 70k a year prior to workers comp...i feel that the child support he was paying wasnt up to the Percent he shoudl have been paying..(i was trying to be fair)

The kids and I live on worker's comp and social securty that is it!!! the exhubby has a way of working off the books..)which i know he is doing, but cant prove) He also has a wife, who has a 18 year old son,,,so that child isnt the hubby's problem...the wife can go and get a job or 2 like the rest of long island... she quit her job about 17 months ago... the son doesn work..(my one son is in the military...and before then went to highschool fiull time and worked part time) my 20 year old son worked and went to college until his condition go the best of him...he plans to go back to school

the judge's decision to change the support effective september...to less than 1/2 of the amount that was ordered has me basically oweing him money becasue the hubby paid support in sept and october those 9 weeks at more than double the support payment....have me breaking even after recieving NO support for 4 months....when the hubby has only been on workers comp for 4 months..the judge adjusted the payments for 6 months the 2 months that had the two boys on there....well the percentage he had been paying was less that the 31% that he would have had to pay..(5 and more is supposed to be 35%...the exhubby was paying less than 25% I was trying to be fair)

I have an lawyer i have requested to file an appeal on my behalf...i find it annoying that since he didnt pay support he had the cash to pay a lawyer....while the kids and i have to worry about paying the light bills...

[BvIA]

Put a lien on any settlement he might receive from the work injury.

Generally liens are not allowed on a comp claim..but child support is the exception in most states.

[momofverymany]

I know i am entitled to put a lein upon his workers compensation payments....How does a custodial parent get the information on the carrier??? the employer is less than cooperative.....He has been on workers comp since november...and it is now nearly april...so that is 5 months.....by the time the paperwork goes through the workers comp lineage...im sure he willbe back at work and then it will be additional time to try and get it fromt he employer. My former spouse has been trying to NOT pay any child support since we got divorced....it has been quite rediculous since at the time of our divorce i was recieving workers comp ONLY(NYS maximum of $400 a weeK) and he was working his regular job earning more than $70k a year...but I didnt recieve even the minimum NYS child support percentage based on his salary...NOONE wanted to hear about the fact that my medical state was in...I am actually being penalized since i am now recieving social security as well...(I am actually PERMANENTLY TOTALLY disabled) He is in my opinion playing owies...Im sorry he managed to show up in child support court with a HUGE boc of papers...BUT not a piece of necessary information that was supposed to be there!

so what DO I do to aide the kids recieve their actual child support??? My former husband was the one that decided to get remarried.....and she decided to quit her job....NOT ME I went back to try to work on several occassions....and I find it very annoying and hurtful.....At this moment he has been ordered to pay the child support at the reduced amount....and I still havent recieved that!

[BvIA]

If the claim is filed with the NYS comp court... which it would be in order for the court to have jurisdiction. You can go to the court and get the records of the claim..those would be public records.

While you probably can't get a portion of the comp benefits/weekly, you can put the lien on any settlement money/indemnity he might receive.

Your children should be receiving SSA/SSDI benefits along with you...if they aren't contact SSA.

While the laws are not particularly cooperative to one side or the other in a divorce... if the evidence is there to back up one side contentions over the other...those will be the basis for a judges decision...fair...probably... illegal,?, what your husband is doing may or may not be illegal, but it is certainly immoral...these are his children as well as yours... they are 'yours together'...they don't belong to one or the other parent...and your ex is denying them...not you.

[dream65]

In Georgia child support can come out of you weekly,or bi-weekly check, you have to inform your employer insurance company. Also all arears will be paid out of final settlement check before you opr attorney get paid.