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Worker’s Compensation

Worker’s Compensation Benefits can be attached by CSS for payment of child support. A worker’s compensation lien is an enforcement remedy used when an obligor has filed a worker’s compensation claim and the obligor is delinquent in payment of child support. “Delinquent” and “delinquency” means any payment under an order for support which is due and remains unpaid. An income assignment on worker’s compensation benefits is used when an obligor owes child support and is entitled to periodic worker’s compensation benefits.

Required Elements:

  1. An obligation to pay child support through an order of district or administrative court has been established
  2. Open child support case
  3. The obligor has filed a worker’s compensation claim requesting worker’s compensation benefits

If these elements are present, child support sends a notice of income assignment to attach temporary total disability benefits (TTD) or temporary partial disability benefits (TPD) and/or a worker’s compensation lien with the Worker’s Compensation Commission where the claim has been filed by obligor.

STEPS:

  1. Notice to Worker’s Compensation Commission, obligor and insurance carrier of claim against benefits
  2. Affidavit of Child Support Lien contains:
    1. The name of the court which has ordered a judgment for past due child support, the principal sum of the judgment, date the judgment was granted and the balance due
    2. The amount of past due child support which has accrued since the court’s judgment and the dates of accrual
  3. Notice of Income Assignment contains:
    1. The obligor’s name, social security number and family group number
    2. The name(s) of the child(ren) for whom support is ordered
    3. The custodian of the child(ren) or the name of obligee
    4. The name of the court issuing the child support order and the date of the order
    5. The amount the obligor is court ordered to pay in current and past due child support
    6. The effective date of the order
  4. Settlement of Worker’s Compensation Lien
    1. Child Support is listed on any settlement check issued on a claim when a lien has been filed
    2. The Center for Coordinated Programs uses Settlement Guidelines to determine the amount or percentage of funds child support will accept.

Legal Authority(ies):

Worker’s Compensation Lien 85A O.S. §10
Judgment by Operation of Law 43 O.S. § 135
Income Assignment 56 O.S. § 240.2
Lien for Past-Due Child Support on Proceeds of Certain Insurance Claims 56 O.S. §237B