Worker's Comp and child support

[AL3527]

What is the name of your state? AL

I posted this some where else, but figured I might get a quicker response here.

My child's father has been extremely inconsistent with paying support for 6 years. In 2018, he was injured on the job. He has been getting worker's compensation and filed a lawsuit in 2019. I have not received any type of child support from him since before he got injured. My child support case is with the state and they did not know about the worker's comp payments, even though he has been getting them for over two years, so I advised them about a week ago and they said they sent the withholding to start taking the money from him WC checks. Due to privacy reasons, the lien department can't give me any information on whether they know about his lawsuit and whether they will attach a lien. The state agency has provided so much conflicting information, so what do I need to do to make sure the courts know about the $24k CS arrears? Since they sent the withhold order, will all parties now know about child support and the arrears? The state said it's usually automatic, if there is a settlement, but can not guarantee since they didn't know about it. Also, I have a print out of his complete payment history with the case number, and I also have all of his case information through the public court system. Thank you in advance!

 

[quincy]

What is the name of your state? AL

I posted this some where else, but figured I might get a quicker response here.

My child's father has been extremely inconsistent with paying support for 6 years. In 2018, he was injured on the job. He has been getting worker's compensation and filed a lawsuit in 2019. I have not received any type of child support from him since before he got injured. My child support case is with the state and they did not know about the worker's comp payments, even though he has been getting them for over two years, so I advised them about a week ago and they said they sent the withholding to start taking the money from him WC checks. Due to privacy reasons, the lien department can't give me any information on whether they know about his lawsuit and whether they will attach a lien. The state agency has provided so much conflicting information, so what do I need to do to make sure the courts know about the $24k CS arrears? Since they sent the withhold order, will all parties now know about child support and the arrears? The state said it's usually automatic, if there is a settlement, but can not guarantee since they didn't know about it. Also, I have a print out of his complete payment history with the case number, and I also have all of his case information through the public court system. Thank you in advance!

If a withholding order was sent, you should eventually start getting your child support payments again. It will take more than a week for the withholding order to be processed. I suggest you give it a bit more time.

Did you ever file a contempt action with the court?

 

[AL3527]

If a withholding order was sent, you should eventually start getting your child support payments again. It will take more than a week for the withholding order to be processed. I suggest you give it a bit more time.

Okay, understandable. Once the withholding order is processed, will they know about the arrears, as well, if he settles?

As far as contempt, he was held in contempt, but it was paid due to the IRS sent his stimulus check to me. He asked for a reduction, but it was denied due to him making a little more from WC than when we first got the CS Order.

 

[quincy]

Okay, understandable. Once the withholding order is processed, will they know about the arrears, as well, if he settles?

The State should know of the arrearages.

Has the State intercepted any tax refunds?

Have you ever filed a contempt of court action over his failure to pay support? Your ex is subject to criminal contempt charges if his arrearage is over $5000.

 

[cbg]

Keep in mind that under your state's laws, if he is receiving wage replacement it is at two thirds of his regular wages, and that the maximum that can be garnished for child support in the circumstances you have described is 60% of his check. So for every hundred dollars he used to earn pre-injury, you'll be receiving slightly less than $40. Do not expect the arrears to be paid off quickly.

 

[AL3527]

To Quincy:
Yes, taxes were intercepted in 2015. He hasn't filed since due to that reason.
The little information that I was able to get out of the state was that they wasn't aware of his lawsuit. The lady that I talked to told me to have my county case worker to email her with all of his lawsuit information. I relayed the message, but when I called my caseworker, she advised me that they don't handle liens at their level, so it's been a lot of back and forth with no resolution. They didn't even know he was getting compensation for WC for two years until I called and mentioned it.
He was held in contempt, but was able to purge himself due to his stimulus being intercepted.

 

[quincy]

To Quincy:
Yes, taxes were intercepted in 2015. He hasn't filed since due to that reason.
The little information that I was able to get out of the state was that they wasn't aware of his lawsuit. The lady that I talked to told me to have my county case worker to email her with all of his lawsuit information. I relayed the message, but when I called my caseworker, she advised me that they don't handle liens at their level, so it's been a lot of back and forth with no resolution. They didn't even know he was getting compensation for WC for two years until I called and mentioned it.
He was held in contempt, but was able to purge himself due to his stimulus being intercepted.

Here is a link to Alabama state resources:

https://dhr.alabama.gov/child-support-enforcement-division/enforcement-of-court-ordered-child-support-payments/

 

[AL3527]

Here is a link to Alabama state resources:

https://dhr.alabama.gov/child-support-enforcement-division/enforcement-of-court-ordered-child-support-payments/

Did your ex ever move to modify the amount of the payments?

I have contacted my county, with no help. I contacted the state division, which is also in my city, but they couldn't give information regarding a lien. Per his lawsuit, there have not been any liens attached, yet. So since his taxes were intercepted by child support and now that there is a withholding order, will the WC insurance company (or whoever makes the payment) looking into the amount he owes in arrears before settling?

He did try to have his payments modified, but it was denied by the judge due to him making more from his WC payments. The original support order was based on minimum wage due to him not working at the time the order was put in place.

Also, DHR is absolutely no help. I had to file contempt the last two times because they wouldn't do it. I had to call them and stress to have his license suspended, so I'm having to push this issue myself because if I don't, it won't get done.

 

[quincy]

I have contacted my county, with no help. I contacted the state division, which is also in my city, but they couldn't give information regarding a lien. Per his lawsuit, there have not been any liens attached, yet. So since his taxes were intercepted by child support and now that there is a withholding order, will the WC insurance company (or whoever makes the payment) looking into the amount he owes in arrears before settling?

He did try to have his payments modified, but it was denied by the judge due to him making more from his WC payments. The original support order was based on minimum wage due to him not working at the time the order was put in place.

The child support amount and arrearage should not be a factor in the amount of the settlement in the workers compensation case. The workers compensation amount is based on the facts of the injury that led to the claim.

 

[AL3527]

The child support amount and arrearage should not be a factor in the amount of the settlement in the workers compensation case. The workers compensation amount is based on the facts of the injury that led to the claim.

Right, but I know in most states, child support arrears are usually paid after the lawyer is paid before he is paid, so how do I make sure the right people know about his child support arrears?

 

[quincy]

Right, but I know in most states, child support arrears are usually paid after the lawyer is paid before he is paid, so how do I make sure the right people know about his child support arrears?

If the State intercepted his stimulus check, it appears the State is already aware of the child support arrearage. You could go to court again to seek enforcement.