Anderson & Boback Logo

Is my Workers’ Compensation considered income?

Published
Categorized as Child Support

As part of the court’s determination of net income for purposes of setting an award for child support, the court, under 750 ILCS 5/505(a)(3), considers unemployment compensation as well as workers’ compensation awards within the scope of the statutory definition of “net income.”

In In re Marriage of Dodds, 222 Ill.App.3d 99, 583 N.E.2d 608, 610, 164 Ill.Dec. 692 (2d Dist. 1991), the court found that a postjudgment (and hence nonmarital), lump-sum settlement, workers’ compensation award that the father received was net income available to be apportioned for child support within the meaning of IMDMA §505(a)(3). Dodds also involved a discussion of, but no ruling on, social security benefits in the context of child support. Given the ruling in In re Marriage of Truhlar, 404Ill.App.3d 176, 935 N.E.2d 1199, 343 Ill.Dec. 971(2d Dist. 2010), it is arguable that an obligor parent’s social security disability benefits may now qualify as income available for support
Courts have also allowed support to be ordered paid from a workers’ compensation award, noting, however, that the final award, which remained speculative at the time of the hearing, had properly not been included in the calculation as “too speculative.” The court in In re Marriage of Brand, 123 Ill.App.3d 1047, 463 N.E.2d 1037, 1040, 79 Ill.Dec. 483 (4th Dist. 1984), stated:
[W]e are satisfied the legislature intended that a recipient use compensation benefits for the current expenses of the worker’s family, and this is all the [trial] court was ordering him to do [in assessing child supportfrom the award].
See also In re Marriage of Hobson, 220 Ill.App.3d 1006, 581 N.E.2d 388, 163 Ill.Dec. 437 (4th Dist. 1991), which found that the evidence supported establishing a trust fund for child support out of the father’s share of certain equity property as well as income from an award received in a workers’ compensation settlement. An allowance paid to the obligor spouse by reason of his employment as an active member of the United States armed forces was includible in his income for purposes of calculating support under IMDMA §505. In re Marriage of McGowan, 265 Ill.App.3d 976, 638 N.E.2d 695, 698, 202 Ill.Dec. 827 (1st Dist. 1994). McGowan reasoned that the term “net income” in §505(a)(3) is an all-inclusive term that must be given effect to include military allowances in the computation of child support.

Was this information helpful?

You May Also Like

When a couple is considering a divorce, oftentimes there is a discussion about the house and who will live there during the divorce process.  Whether it is rented or purchased, some people decide that they would like to remain living…

Typically, you’d want to avoid a default when you are going through a divorce in Chicago because if not, then the way your marital estate is divided is out of your hands. Recently a client hired us to help her…

Spousal support is often a contentious issue in marriages that are substantial in length, where one spouse has outearned the other spouse.  Spousal support (formerly called alimony and often referred to as maintenance) is the payment of money from one…

There is a lot of disagreement about vaccinations for children and the argument between parents with differing views on this subject is not a new one.  Illinois family law attorneys representing parents in this type of disagreement have worked throughout…

There are many things that parents do when they are going through a separation from a partner or a divorce where a parent could lose custody - or impact their rights to make decisions for their minor children going forward,…

In my experience as a Chicago divorce attorney, when it comes to which spouse initiates a divorce in a marriage it is more often the wife.  Of course, there are plenty of husbands who file for divorce but in a…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Why Choose
ANDERSON & BOBACK?

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK?

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870