An ex-girlfriend is taking me to court for child support now that she knows I am about to settle a large worker’s compensation award claim.
The Summons was issued last month, but the child is several years old. Will I owe back child support from the date the child was born or from the date the motion was filed?
Will my worker’s compensation award be figured in calculating child support?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Mexico divorce laws where I am licensed to practice.
In general, child support will only be modified, or assessed, from the date of the filing of the motion or petition that is bringing about the action for support.
In your case, this would be the date that the petition for child support was filed on behalf of the child’s mother. This does not, however, mean that any money you became entitled to prior to the modification or assessment is not going to be included as income.
Worker’s compensation payouts can include a number of different reimbursements, taking the form of temporary or long-term payouts, lump sum payouts, and payouts that cover lost wages and/or loss of earning capacity in the future.
Depending on the type of worker’s compensation award you are expecting to receive, the award may be included as income for child support purposes.
If the award is meant to compensate you for loss of future income, then this would definitely be included as income for purposes of child support calculation.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.