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  1. #1
    Join Date
    Jul 2010
    Posts
    4

    Default Collecting Child Support from WC Settlement

    My ex was receiving wc payments and paying child support. He filed a change of circumstance when wc stopped payments and now I receive nothing for our two daughters (one with special needs). He is trying for a settlement amount and it looks as though he might be awarded. My question is does he owe anything for the 12 months he received no payments? Our lawyer says no, that his payments will be calculated from the time he receives income .If he wins it seems as though his settlement would include the year that he was not paid. Any one in California able to clarify this for me? Thank You

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Collecting Child Support from WC Settlement

    don't know enough about his issues to determine what period will be included in the comp settlement.
    i suggest a lien be filed in the comp case so your rights are protected.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Collecting Child Support from WC Settlement

    The only thing you can do, as the receipient of the child support payments, is file a lien against any settlement he may be eligible for.
    Doesnt matter if the settlement is for past due TTD, or PPD indemnity, or FMC/future medical care. Chile support is one of few if only non medical/comp liens permitted against a WC settlement.

    But.... if you miss the opportunity, you stand to forfeit any recovery. Get the lien filed as soon as possible.

    The county/state will also be aware of this claim, and potential settlement, so they will be monitoring this claim in the event of any potential recovery too...

  4. #4
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Collecting Child Support from WC Settlement

    Appriciate your response but how can I file a lien on something the courts say he does not owe as workers comp is not paying unless he wins?

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Collecting Child Support from WC Settlement

    You can't. The County has to file the lien.
    how can I file a lien on something the courts say he does not owe
    If you could file the lien, you would have to have the court order. IF the court doesn't say he owes you any back/current child support, there is nothing to be paid from any comp settlement.
    workers comp is not paying unless he wins?
    You wouldn't get any money from bi weekly wage loss checks... only if there is award/settlement when the claim resolves.
    You have the answer from your atty... no one here can second guess what the atty has in mind, or what the facts are.
    Good luck to you and your kids.

  6. #6
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Collecting Child Support from WC Settlement

    Whom do I contact to find out if he recieves a settlement from WC? He is also trying for SSID, can I just call them as I am the primary caregiver?

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Collecting Child Support from WC Settlement

    Assume you are primary caregiver to your children, not your ex husband...(?)
    As you are divorced, it's not your business what the outcome of the WC claim is. You have no vested interest, nor do the children involved, as you are not party to the injury/claim.
    If the county has granted the change of circumstance, then the support payments will be as the atty has described to you. The county/state would place a lien against the claim for any unpaid support the children/you may be due.

    Even with/IF there is cash settlement to the claim, and there is no guarantte that will happen, that's not to be assumed he would be paid back TTD. Nor does it mean he won't. A C&R/Compromise and Release just means the parties have come to agreement on the issues in the claim, and he/the employer/carrier have agreed to a cash payment to drop any further claim for this injury.

    Social Security/SSDI is another story entirely. As the children are dependants of your ex husband, just as they are of you, they would be entitled to benefits in the claim for SSDI. (as minors they would be entitled to monthly income from normal retirement benefits too. But not you unless you meet the specific criteria for divorced persons)
    Whom do I contact to find out if he recieves a settlement from WC?
    Stay on good terms/friendly with the WC attorney....and/or your ex husband.

  8. #8
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Collecting Child Support from WC Settlement

    It has been put in the up dated agreement that when he does get a workmen's comp settlement he must then file a Change of Circimstance where they will redo the digimaster to compute a new child support amount. He is moving accross the country and I am reluctant to believe he will truthfully come forward if and when he does get an award based on his history. How can I be reassured that I will know when he gets the settlement. He has been fighting to get a settlement for 3 years which he says has been denined . How is it that they will pay for the numerous surgeries he has had but not give him a settlement? My concern is that he is moving across country and I will never see a dime in suppport and we have two children, the oldest with Downs Syndrome. He somehow manages a 700.00 dollar a month truck payment but cant pay for anything involving the children. Needless to say communication is difficult at best. How can I best protect our kids? My kids and I thank you for your help. PS The last post said to stay on good terms with the Workers Comp Attorney. How can I find out who this is as when my ex refuses to give me any information?

  9. #9
    Join Date
    Oct 1971
    Posts
    3,634

    Default Re: Collecting Child Support from WC Settlement

    You don't have to "stay on good terms" with anybody, you are entitled to support, it's not a favor.
    Go down to your local Friend Of The Court and explain what you know and how you know it, ask if there has been a caseworker assigned to your case (there should be) deal with him direct.
    Have no contact with anyone but him, stay away from your ex and his attorney!!
    They will assign an investigator to determine exactly what's going on and keep you updated.
    They should put a lien on any settlements he may receive and enforce your support order, that's their job. (also it's the law)

    Tony
    Last edited by tony; 01-28-2011 at 01:00 AM.
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Collecting Child Support from WC Settlement

    How can I be reassured that I will know when he gets the settlement.
    You can go to County Social Services, or as Tony suggested to the court where the order for child support was issued.

    His attorney, with knowledge of the child support issue would be obligated, as an officer of the court, to assist you in enforcing the order.
    As there has been a Change of Circumstance filed by your ex, the court is now aware of the situation, and likely has filed the lien against the claim.
    The change of cir. is the reason you aren't receiving any portion of his current benefits. Otherwise, the court could have forced a deduction in those weekly benefits.

    He has been fighting to get a settlement for 3 years which he says has been denined . How is it that they will pay for the numerous surgeries he has had but not give him a settlement?
    There is no "fighting" for any settlement in a comp claim. WC is all about paying benefits, not cash settlements. The ER/IC is free to continue paying weekly benefits until the indemnity award has been satisfied. That would leave the medical care open for him, for 'life' basically or until he cashed out the medical coverage, or suffered a new injury with a different employer and filed a new claim.
    He cannot force a C&R/cash lump sum to close the claim.
    PS The last post said to stay on good terms with the Workers Comp Attorney. How can I find out who this is as when my ex refuses to give me any information?
    When any IW is represented by attorney, a Application for Adjudication of the claim must be filed with the WCAB. You can go online if you have enough info and find the claim, or go to the WCAB office where the claim is filed and view the public records of the claim. An Information and Assistance officer there can help with that.
    WCAB office and I&A info here http://www.dir.ca.gov/dwc/clmsadj.html

    Members of the public may search the Division of Workers’ Compensation’s database for information on active disputed workers’ compensation cases using the Electronic Adjudication Management System’s (EAMS) public search tool. http://www.dir.ca.gov/dwc/EAMS/EAMS_PublicSearch.htm

    If the Change of Circumstance had not been filed/granted, you would be receiving up to 75% of any weekly benefits he is receiving. That's the way child support is addressed in a WC claim. Regardless of what other monthly expenses he may have. The children come first, even in a WC claim.

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