If you were injured on the job and receive workers’ compensation benefits, this money could potentially impact the division of your assets and your child support arrangements during a divorce. The way in which that award would affect your divorce can vary based on how your state treats workers’ compensation.
For example, workers’ compensation may be treated as if you had won a personal injury claim against an employer. Or, it could instead be treated as disability pay or a replacement for lost wages.
If a court treats workers’ compensation like a personal injury award, the parts of the award that compensate you for lost wages and medical expenses while you are married would be classified as marital property, while the parts that compensated you for lost wages and medical expenses before or after the marriage would be non-marital property.
Therefore, the timing at which you receive the workers’ compensation pay makes a big difference in how you can expect that money to be treated during the divorce process.
Specific effects on child support
Workers’ compensation will be considered income for the purposes of calculating child support, even if it is classified as separate property not subject to the asset distribution process. Judges will take any workers’ compensation money you or your spouse collect into consideration when determining how much the supporting spouse will pay. In addition, workers’ compensation income can be garnished to pay for child support if the supporting parent fails to make mandated payments.
For more information on child support issues, work with a knowledgeable Minneapolis divorce lawyer at Appelhof, Pfeifer & Hart, P.A.
"Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.
"With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.
"Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.
"I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.
"Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.
"I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.