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  1. #1
    Join Date
    Jul 2010

    Post Workers Comp Benefits and Child Support

    My husband is a workaholic and payed his child support faithfully until this week.

    Now let me give a little background info. He was injured on the job about a year ago and the company paid for him to go to the ER (and did not file a WC cliam) - Since he didn't want to be out of work with the thought of his ex-wife not receiving child support, and preventing our weekly phone call to the kids, he has continued to work until now. He can't even stand up for more than 15 minutes at a time. The company is now filing a claim and sending him to a doctor and so forth, WC is something that neither of us have had to use and do not know how it works.

    My BIG QUESTION: Will his child support be taken out of any WC payments and at what percentage? I have found that while the doctors do not let him work, he will be paid 66% of his check. Right now, the Child Support is already at 45% of his check, and we barely pay our bills with what he currently brings home. Hopefully someone out there will be able to give me some good advice on our first step and how to deal with an out of state Child Support System. Thanks Bunches!!!

  2. #2
    Join Date
    Feb 2007

    Default Re: WC Injury in Sc vs. Indiana Child Support

    He needs to consult with an attorney. And you should be involved is he will let you... child support is one of if not the only lien permitted outside the WC system itself. Dr/providers sometimes place liens against a settlement/claim.

    There may or may not be child support payments taken directly from the weekly checks... those are net, tax free...that's why they are paid at 2/3's of the average weekly wage... there are min/max rates though, so his may not actually be paid at 2/3's of his wages.

    He should continue to pay you the child support as he has been.
    If he's subject to a court order that the payments are taken directly from his wages... you may have to wait until the claim resolves to pick up any past due payments. Or, go back to court, or the WC court directly...a WC attorney would be of great help to you.

  3. #3
    Join Date
    Jul 2010

    Default Re: WC Injury in Sc vs. Indiana Child Support

    THank you soo much - I am his current wife, he pays child support to his ex-wife. We are going to send as much as we can, but she has already stopped our phone calls with the kids since she didn't receive a check since there is the waiting period before wc pays wages.

  4. #4
    Join Date
    Aug 2010
    Surfside Beach, SC

    Default Re: Workers Comp Benefits and Child Support

    You need to file an action to have your child support modified immediately. Child support is court ordered and subject to the contempt powers of the Court. In SC, that includes potential imprisonment for up to one year. Regardless of his injury, he is currently under a Court order to provide payment until a Family Court judge says otherwise.

    In my experience, Family Court judges are open to allowing temporary reductions in child support if you can show a corresponding decrease in income. They will me much more willing to work with you if you are proactive in bringing this to the Courts attention.

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