My daughters father is in the process of receiving a settlement from his employer. He injured his hand on his job 2 yrs ago and has had several surgeries since than. He is on workers comp and has been receiving pymts for a while now. He filed a suit against the company and also has a lawyer. The company has offered him a settlement but his lawyer is trying to get him more money. About 3 months ago he informed me of the settlement and asked if I would give him some of the money from the settlement. Something about that is not sitting right with me. I don't understand how its his lawsuit but he wants me to give him some of the money. By the way he is about $10,000 behind in child support. When a person owes arrears in child support and receive a settlement does part of it automatically go to child support. I have been searching for internet for the answer and came across this site. Can someone please help me figure this out. Thanks

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Originally Posted by wdortch

my daughters father is in the process of recieving a settlement from his employer. he injured his hand on his job 2 yrs ago and has had several surgeries since than. he is on workers comp and has been recieving pymts for a while now. he filed a suit against the company and also has a lawyer. the company has offered him a settlement but his lawyer is trying to get him more money. about 3 months ago he informed me of the settlement and asked if i would give him some of the money from the settlement. something about that is not sitting right with me. i dont understand how its his lawsuit but he wants me to give him some of the money. by the way he is about $10,000 behind in child support. when a person owes arrears in child support and recieve a settlement does part of it automatically go to child support. i have been searching for internet for the answer and came across this site. can someone please help me figure this out. thx

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A Workers Comp settlement is the same as any other insurance settlement (and you are not talking about ongoing payments, right, you're talking about a settlement - ?) and can be seized or liened to pay child support. This is not automatic; the past-due amount has come to the attention of either his Attorney (who is protecting you) or some child support unit has liened against the settlement.

I don't know why YOU would get money from HIS settlement - I do not believe you would have a derivative action (your own action resulting from his injury) in a Workers Comp matter.

It sounds to me - and this is just an educated guess - that somehow there is already a lien or action to collect child support against him (or his Attorney is protecting you) and what he is saying is (for example and just picking a dollar amount), you will get $10,000 off the top of his settlement for back support and he wants you to then "refund" some of that money to him.

Just making up figures, say he settles for $15,000 and then you get $10,000 and then his Attorney gets paid and he ends up with a great big zero - so he has a plan whereby you get $10,000 and refund some of that to him (and why would you ever do that - ?) and that's the amount he walks away with. As far as you ever collecting that to him it would be a personal loan - not unpaid child support because it WAS paid to you and you returned it to him - and you might have a problem collecting.

If this is not clear to you, post again and I'll respond in greater length. This "stuff" gets pretty complicated and technical.