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  1. #1
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    Jun 2013
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    Default Spousal Maintenance and Disability Benefits

    Will spousal maintenance be deducted from my temp total disability check? Is it considered income? Thanks

  2. #2
    Join Date
    Oct 2006
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    9,078

    Default Re: Spousal Maintenance

    Income is not deducted from workers comp disability payments.
    It is not considered earnings or wages.

  3. #3
    Join Date
    Jun 2013
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    Default Re: Spousal Maintenance

    Thank you.

  4. #4
    Join Date
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    Calif
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    Default Re: Spousal Maintenance

    Quote Quoting lionstone View Post
    Will spousal maintenance be deducted from my temp total disability check? Is it considered income? Thanks
    You are divorced? is there a court order for spousal maint, and/or child support?
    If that's a 'yes'... then you are liable for those payments... regardless of whether or not they are deducted from your weekly benefits now, or lump sum when the claim settles.

  5. #5
    Join Date
    Oct 1971
    Posts
    5,059

    Default Re: Spousal Maintenance

    If that where true, could they deduct interest earned on savings accounts, stocks or 401K's? (boy wouldn't the IC love that?)

    Your ex isn't your employer, he/she isn't liable for your wage loss, the idea is silly.
    Comp is based on wage loss from a work related injury, not income.
    You are entitled to a percentage of your wage loss plus medical if you're injured during the course of employment, it doesn't matter if you're a millionaire.

    They can't deduct child support, alimony or any income from your wage loss benefits unless it's earned income from employment.
    You could win the lottery and it wouldn't relieve the IC from their responsibility, you're still disabled and suffering a wage loss from your work related injury.

    Here's the run down on Minnesota's comp rules, you'll find nothing about alimony or spouse maintenance being deducted from wage loss payments, the idea is ridiculous.

    Benefits for Temporary Total Disability (TTD)

    The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $130 or actual wage, if less and the maximum is $850. The maximum period of payments is 104 weeks, or 90 days after maximum medical improvement. Compensation stops if employee withdraws from the labor market, is released to work without any physical restrictions, or refuses offer to work that is consistent with a rehabilitation plan.

    Offset Provisions in State Laws
    Section 176.101, Sub. 4--After $25,000 is paid for permanent total disability, benefits paid by any government disability program, or any old age and survivors' insurance benefits program are credited against workers' compensation benefits, if such disability benefits are occasioned by the same injury.
    http://www.dli.mn.gov/WorkComp.asp

    Historical and current data from a "Common Benefits and Expenses Chart" are available online at:
    http://www.dli.mn.gov/WC/ComBenExp.asp
    Minnesota Workers' Compensation Statutes are available online at:
    https://www.revisor.leg.state.mn.us/statutes/?id=176
    Minnesota Workers' Compensation Rules are available online at:
    https://www.revisor.leg.state.mn.us/rules/?id=5220


    Actually, it's the other way around, they can seize comp benefits to pay spousal maintenance.

    5220.2560 ATTACHMENT AND GARNISHMENT OF BENEFITS.
    Workers' compensation benefits are not subject to attachment or garnishment, although they may be withheld under Minnesota Statutes, section 518A.53, and paid for child support or spousal maintenance if the other requirements of that statute are met. Upon request, the insurer shall file with the division a statement of the amount being withheld from the employee's benefits and paid to the county or obligee, a copy of the order for withholding of income, and verification of payments made.
    Statutory Authority: MS s 175.17; 175.171; 176.83
    History: 11 SR 1530; 18 SR 2546; L 1997 c 203 art 6 s 92; L 2005 c 164 s 29; L 2005 1Sp7 s 28
    Posted: June 11, 2008
    https://www.revisor.leg.state.mn.us/rules/?id=5220.2560

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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