Q: In a CA workers comp case can the Ins Co deduct child support from award that I already paid from my TD checks?
I had owed back child support and in 2017 I fulfilled my obligation to child support. All the payments were paid out of my TTD checks how can they say I need to pay the money back to them when it was taken out of my own checks?In a CA workers comp case I was paid my TD payments and out of those checks a % was taken out to pay child support now that I am settling my case the Ins Co wants to deduct those payments from my award can they do this?
A:
The insurance company will get credit for any payments made for child support. However, since the payments were made from your temporary disability, as you say a percentage was paid, there should be no further deductions from your award. The insurance carrier is only responsible for paying 104 weeks of temporary disability absent extraordinary circumstances. Their credit will be asserted in the Temporary disability portion of your settlement, which you have already received, so it should not affect the permanent disability benefits. In other words, there should be no further deductions absent a note from child services saying that you are once again behind on your payments.
Child support is a touchy subject with the WCAB. The first question is whether or not there is a child support lien filed in your case. If so, then the WCJ will look closely at all the payments made vs. what is owed before your case can settle. Most judges will want a statement from Child Services saying you are up to date on your payments.
Answer. NO. You should not be asked to "pay back" any percentage of your TTD payments from your award.
A:
HOw CAN the insurer require money to pay Child Support? Because the Child Support office served the adjuster with a Lien against any recovery you may be awarded, and YOU never obtained written notice from Child Support that all the money you owe has been paid in full and that Child Support is withdrawing it's lien against your compensation recovery. GO TO THE FAMILY LAW COURT, get a finding from the judge that you are current with your family law obligations and in compliance with the court's order, that the lien has been satisfied in full, and present that order to the adjuster. Then she cannot withhold any sums from a Workers Comp Award or settlement order. UNTIL the adjuster gets written notice from a Family Law judge or the Office of
Child support that the lien is withdrawn or satisfied, the adjuster MUST withhold sums and pay them to Child support. Or she gets fired.
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