Child Support and Workers’ Comp in Mississippi
What happens in a Mississippi Workers’ Compensation case when the injured worker owes child support? Generally, no creditors are allowed to come after your workers’ compensation benefits. However, an exception to this rule is child support. An injured worker is required to pay child support from workers’ comp benefits.
How does this work? The Department of Human Services will usually file a notice of lien in the case. Weekly benefits in a comp case are already painfully low, and DHS will not generally seek payment until your case is settled for a lump sum. Once a lump sum settlement is agreed upon, a child support lien must be paid. However, the Department of Human Services in Mississippi will usually take a reduced amount so that the claimant still receives some of the settlement money. The amount DHS will accept depends upon the amount of the settlement. Your attorney will be able to assist with negotiating the child support lien. Also, your attorney must get the agreement with DHS in writing and present it to the Mississippi Workers’ Compensation Commission for approval.
“Success is not final, failure is not fatal; it is the courage to continue that counts.” – Winston Churchill