Can Your Fort Lauderdale Workers’ Compensation Benefits Be Garnished for Child Support or Other Debts?
You were injured on the job in Fort Lauderdale and are already dealing with lost income and the stress of a workers’ compensation claim. Now you find out that someone is trying to take a portion of your benefits before they even reach your account.
Whether you owe child support, have outstanding debts, or are dealing with a creditor judgment, it’s important to understand how Florida law applies. Our experienced Fort Lauderdale workers’ compensation lawyer explains your rights and what can and cannot be garnished.
Can Creditors Garnish Fort Lauderdale Workers’ Compensation Benefits?
Credit reporting agency Experian advises that the average American has over $100,000 in debt. Whether it involves credit cards, a mortgage, auto loan payments, or other bills, getting injured on the job in Fort Lauderdale can make keeping up difficult, if not impossible.
Fortunately, under Section 440.22 of the Florida Statutes, workers’ comp benefits are exempt from garnishment or attachment. Types of debts that generally cannot be collected from your Fort Lauderdale workers’ compensation benefits include:
- Outstanding credit card balances or personal loan debts.
- Civil court judgments obtained by a private party or business.
- Medical bills from treatment unrelated to your workplace injury.
- Tax liens in most circumstances, though federal tax obligations can be more complicated.
- Bankruptcy proceedings, where workers’ comp benefits may be treated differently.
Child support is where the garnishment exemption gets more complicated, and this is the area most likely to catch injured workers in Fort Lauderdale off guard.
Child Support Obligations and Your Fort Lauderdale Workers’ Comp Benefits
Child support obligations are treated differently from other debts, and the exemption under Section 440.22 of the Florida Statutes does not fully protect workers’ compensation benefits from child support withholding.
Here is what injured workers in Fort Lauderdale need to understand about how state law applies to child support and workers’ comp:
- Florida courts can issue income withholding orders on workers’ compensation benefits when a valid child support obligation exists.
- The amount is governed by federal consumer credit protection limits and capped at between 50 and 65 percent of disposable income, depending on the worker’s situation.
- If you get a lump sum settlement, the Florida Department of Revenue can intercept it for past-due child support amounts.
- You may be able to modify your child support order based on reduced income due to work injuries, but you need to go to court. An informal agreement is not enough.
Living on a reduced income due to work injuries in Fort Lauderdale is difficult enough. If you are dealing with outstanding child support or other debts, get professional legal help right away.
Talk to an Experienced Fort Lauderdale Workers’ Compensation Lawyer
Are creditors or child support obligations jeopardizing your rights to Fort Lauderdale workers’ compensation benefits? Our experienced Fort Lauderdale workers’ compensation lawyer takes the legal actions needed to protect your benefits.
For trusted legal help, contact Law Offices of David M. Benenfeld, P.A. Request a consultation at our Sunrise, Fort Lauderdale, or West Palm Beach office today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.22.html
experian.com/blogs/ask-experian/average-american-debt-by-age/
floridarevenue.com/childsupport/compliance/Pages/income_withholding.aspx