Supreme Court Rules that lump sum worker's comp award = lump sum child support award.
The Illinois Supreme Court has ruled in a recent case that child support is due from a lump sum worker’s compensation award in the amount equal to the percentage due for the number of minor children supported (20% for one, 28% for two, etc.). Thus a lump sum worker's comp award = lump sum child support award. In this case, four years after a divorce the former husband was injured at work and received a $240,000 settlement of his worker’s compensation claim. Somehow he spent all of that without first telling his ex-wife of the claim or the settlement. She caught up with him a year later and filed a petition to modify support payments to try and get a piece of the settlement for child support. The divorce laws of Illinois provide guidelines to help courts determine the minimum amount of child support. These guidelines do not always have to be followed and the court can “deviate” from them as...