Legal Question in Workers Comp in Virginia

Re: W.C child support

Dear Sir:

As a Virginia Workers Compensation Lawyer for 35 years, I suggest if your income has gone down then you should petition the J&D Court to reduce your child support payments. Your WC Payments should be 66 2/3 of your pre-injury income. Also, it should be tax free.

Jerry Lutkenhaus

Also see:

www.virginiadisabilitylawyer.com

Re: W.C child support

Unfortunately, this is true. You need to IMMEDIATELY petition for a reduction in your child support with the Juvenile and Domestic General District Court in the County where your child support order was made. State in your petition your material change in circumstances is that you were injured on the job and now are receiving less and any other changes since the last child support order. You will owe 100% of all of the back child support until the petition is RECEIVED by the other side. Then when you go to court a few months later, hopefully the judge will reduce it back to the date it was received. Thus, every day counts.DCSE will garnish your WC check. The insurance adjuster has no say.I would also go to DCSE and explain the situation and try to get them to take less of your WC check. The problem is that if you are more than $5,000 in arrears, then they will take your drivers liscense as well which will then in turn make it difficult to work. They will also take your income tax refund and if you settle your workers compensation claim, the entire back child support will be paid first before you receive anything.

You may be entitled to more WC beneifts than you are recieving such as mileage reimbursement for medical treatment. Also, the insurance adjuster may not have calculated your average weekly wage correctly. You are suppose to get 66% of your average weekly wage, but this includes all overtime, bonuses, etc. Ask the insurance adjuster to see the 52 week wage statement and check if it is correct.