Can a workers' compensation settlement be considered as income in CA. Father is current with child support payments

Asked almost 2 years ago - Ontario, CA

Filed for child support in June 2011, ordered was established in Aug. 2011 however it was incorrect, I re-filed we went back to court in Mar. 2012 and a new order was established. Me and our son's father were together for over 12 yrs. and lived together for 9yrs, he was injured whiled we were together, in 2009 he was offered a settlement of 3.2 million but declined, I think he may have recently settled. Can his worker's comp settlement be considered as income and can I take him back to re-establish child support?

Additional information

Father is paying child support on a monthly basis as required by the court order is not late, no arrears. Can I take him back to court and get child support increased based merely on his Worker's Comp settlement?

Attorney answers (2)

  1. Christopher John Buechler

    Contributor Level 7


    Lawyers agree

    Answered . If current child support is still owing, I suggest you contact an attorney ASAP so you can determine whether he does have a worker's comp payment or lump sum settlement, and how you can garnish that money from the payor.

  2. George Ellis Corson IV


    Contributor Level 20

    Answered . If Bubba has 3M from a WC settlement, he is probably severely injured. If he is current with the existing Child Support Order, you will probably have to earn your own money. Whatever portion of the settlement is attributed to unpaid Temporary Disability would be considered Income. The portion attributed to Permanent Disability/Future Medical needs would be considered Separate Property and Non-Income for purposes of your anticipated money-grab.

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