Child Support Can be Taken from Work Comp Payments

If you are receiving workers' compensation permanent partial disability benefits (otherwise known as "TTDs") while you are off from work, this money is considered income. Therefore, if you have a child support obligation, you are obligated to pay child support out of your workers' compensation benefits.   In Tennessee, the statute precluding assignment of workers' compensation benefits and exempting those benefits from the claims of creditors do not prohibit consideration of workers' compensation benefits as income for purposes of determining a child support obligation. Tennessee law clearly holds that workers' compensation payments are considered income for calculation of child support obligations. 

Moreover, if you receive a lump sum payment for your permanent partial/total disability, a Tennessee Court may assign part of your lump sum workers' compensation settlement to satisfy any outstanding judgment(s) for arrearages in child support payments.  

If you have a child support obligation and are receiving workers' compensation benefits, talk to your attorney.  It may be advisable to ask the Court to reduce your monthly child support obligation due to your change in income or earning capacity.  

If you have been injured while working in Tennessee, you may be entitled to workers’ compensation benefits. If you have questions, the article entitled Tennessee Workers’ Compensation Benefits will help you understand your rights.  A Tennessee workers’ compensation attorney can help you receive the workers’ comp benefits for which you are entitled and will ensure that you are treated fairly. If you have been injured and are considering filing a workers’ comp claim, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.