Child Support Garnishment

Under Georgia Workers’ Compensation Law, workers’ compensation benefits and settlements generally are not subject to the claims of creditors.

Perhaps most important among the exceptions to this rule is child support. The Court of Appeals has held that an employee’s weekly compensation checks and settlement share are subject to garnishment for that employee’s child support obligations.

The Office of Child Support Support Enforcement will often file a lien with the State Board of Workers’ Compensation. This lien will need to be addressed prior to any settlement. Most often, the child support division will accept a portion of the lien to allow the claim to settle; however, the remainder of the child support lien, if any, remains after the workers’ compensation claim settles.

Similarly, an employee’s workers’ compensation checks and settlement may be subject to garnishment for collection in the division of marital property stemming from a divorce.