March 21, 2012

Can Child Support Be Taken Out of Workers' Compensation Benefits?

Can the insurer take child support payments out of my workers' compensation benefits?

I get this question a lot.  The short answer is: yes.  But, it is slightly more complicated than that.

First, you have to have a child support obligation that is due each month or that is past owed (arrearages).  Second, there must be a formal Order from the Child Support Division.  (It can be from any State, not just Oregon, and it will still be applied here.)  The Order gets sent to the insurer when a workers' comp claim is opened for you.  The insurer will notify you that your benefits are going to be reduced for child support.  The insurer is then obligated to garnish the amount ordered, plus a percentage of any arrearages.  But, they cannot take more than 25 percent of your time loss checks.

Child support can also be taken out of a workers' compensation settlement if you owe arrearages.  No more than 50 percent of your portion of a settlement can be taken out for child support.

If you have more questions about how these rules impact your own situation, feel free to call me.  My direct line is (503) 975-5535.  I will answer your questions for free or set up a meeting for you.  There is also more info at the website: www.oregonworkinjury.com.

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