August 23, 2019

Does my Child Support Payment Automatically Adjust Downwards if I am Out Under Workers’ Compensation?

contempt of court for past due child supportUnder Georgia law, you are eligible to receive 2/3 of your average weekly wage with a  maximum of $500 per week.  The average weekly wage calculation is just that – an average.   Your employer calculates your average weekly wage by looking at your payroll for the 13 weeks preceding your accident and arrives at an “average weekly wage.”   My experience has been that this calculation is usually correct, although I do look at the numbers.  There is a slightly different calculation if you have not been employed for 13 weeks.

In any case, your average weekly wage will be less than your actual weekly wage, and because you are out with an injury, you will, presumably, not be able to work at any second job or earn overtime.

If you are paying child support, that payment was most likely calculated based on your actual earnings over some period of time.  Now that you are earning less, what happens? [Read more…]