Will My Workers Comp SLU Award Be Used to Calculate Child Support Payments?

Q: “I’m a NYC Correction Officer that received “A Schedule Loss of Use (SLU) award is a cash benefit to pay you for the loss of earning power resulting from a permanent functional impairment of a body part as a result of your on-the-job injury.” This award was not provided to compensate for lost wages as I do not lose wages as a result of a on the job injury. I have paid child support without a court order since filing for divorce in June of 2020. My child’s mother is seeking to have the workers comp monies factored into the child support calculation. My understanding is that it could be garnished if I disobeyed a court order to pay child support. Thanks.”

A: Generally, receipt of workers comp benefits is counted as a form of income for support calculation purposes. That said, if it was a 1-time distribution, you can argue that it shouldn’t be factored in for wages in 2022 & beyond – it remains discretionary on the part of the Judge whether to make an exception or not. Schedule a consult with a Bronx Child Support attorney for a full assessment.