Santee, CA asked in Workers' Compensation for California

Q: I want to know if the insurance co in a ca workers comp case can deduct from award child support that I had paid from

my TTD checks I owed child support in arrears and a % was taken from my checks and sent to child support and was paid off in 2017 now that I am closing my case the ins co wants to deduct child support from my award I don't owe any more and the payments were deducted from my checks so how can they want that money I paid to child support there is no lien and they know that my child support case was closed

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2 Lawyer Answers

Dr. Peter Marc Schaeffer Esq.

  • Workers' Compensation Lawyer
  • Riverside, CA
  • Licensed in California

A: On the surface it makes no sense if the case was closed ... so.. follow up with the child support agency and get a paid in full statement that there is no basis for any further payments to be made to them... then take that to the court with the settlement documents (if you have a lawyer have your lawyer do it for you and send a copy to the adjuster).

Ronald Mahurin

  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: The people who file child support liens almost never file the corresponding paperwork to withdraw their liens, so the WCAB will need documentation from you to assure the court that the lien is paid. Its just another hassle in the WCAB scheme of things.

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