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Does child support take your workers comp?

Plainfield, IL |

I owe child support and have been making payments when ever i can , it has also been getting withdrawn from my paycheck . I am expecting workers comp pay from September of last year , when i get the check from all those months of no pay will child support take all or a percentage ? also when i start to receive my weekly pay does child support also take a percentage or all ? i understand it is my responsibility to pay and i would have no problem with them taking money that i owe but i have been with out pay since September and cant afford for it all to be took , but i know it is out of my control .

Attorney Answers 5


  1. Among other factors, whether and how child support is taken from your workman's comp settlement will depend upon what agency, if any, is attempting to collect on behalf of your ex. The best way to handle this would be to contact the attorney representing your children's mother and try to work out a settlement. It is highly unlikely that your entire comp pay will be taken.


  2. They could put a Lien on the case for the child support owed. I have seen that happen. You should be talking about this with your workers comp lawyer. If you do not have one, I suggest getting one ASAP.


  3. Yes they can and yes they will. Once they find out that you have a pending WC case they will file a lien. Get an attorney to represent you. He will negotiate with CS to take less than owed in order to get settlement. Good Luck!


  4. Illinois WC is exempt from most claims except taxes and child support. The mother can file a lien against your TTD and PPD benefits. The only option you have is to file a Motion to modify your support payments while on WC and the judge can only modify the payments from the date you file the Motion forward so you will owe the back support. If you expect to be out of work for an extended period of time, it woudl make sense to talk to a family law attorney about your options.

    good luck


  5. The simple answer is yes. As long as the Commission is provided with a Court Order for child support, it will be deducted.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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