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Workers Compensation: Your Safety Net


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Workers Compensation: Your Safety Net

You put your heart and soul into your job, so it seems only fair that you should be protected from harm while you’re there. Most good employers do go out of their way to provide safety training and equipment to keep their workers safe and protected from any hazards. Federal agencies, like the Occupational Safety and Health Administration, also have standards in place for employers to follow to keep their workers safe. However, sometimes accidents happen anyway, and when they do, workers compensation is meant to be your safety net. Most of the time, if you follow your company’s procedures for filing a workers compensation claim, you’ll be paid with no trouble. However, I know from experience that it isn’t always that easy. I started this blog to help you learn what to do when your company or their insurance company denies your workers compensation claim.

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How Long Can You Pursue A Deadbeat Parent For Child Support In Arrears?

Each state has its own set of child support laws, so statutes of limitation vary as a result. Some states limit collections to 15 years after a child's age of emancipation, and other states set the date at 10 years after each installment became due. A few states have enforcement extended to 20 years from the date of default, and some states don't have a statute of limitations at all. During interstate disputes, states with a longer statute of limitation often take precedence.

Bradley Amendment

In 1986, Congress signed the Bradley Amendment, which makes it illegal for states to retroactively change the amount of money a parent must pay for child support. The Amendment makes judgments of child support an operation of law. And, the state statute of limitations is irrelevant in disputes involving back child support. Enforcement agencies can make changes to child support payment only on or after the date the child support agency received a request.

Federal or State?

The Child Support Recovery Act was passed in 1992. CSRA, also known as Deadbeat Parents Punishment Act, gives jurisdiction to federal agencies if they meet certain conditions. Federal agencies must prove that the alleged deadbeat parents had the ability to pay and knowingly chose not to pay. The agencies must also prove that the parents knew about the past due child support obligation and left it unpaid for at least a year or the amount is more than $5,000. The claims also must be for children who live in different states than the parents.

Collection Attempts

Implementation of the Bradley Amendment and CSRA makes it possible for either the state, or private entities authorized by state agencies, to collect child support payments. Federal law requires that each state pursue and gain full payment of child support payments that are in arrears. Parents who want to reduce child support payments may only do so for future payments. They can't change payments that are already past due.

Bankruptcy Filings

Filing for bankruptcy doesn't dissolve child support. By law, the parent must still make child support payments during the insolvency process. Failure to do so places the parent further into arrears. While the automatic stay during bankruptcy often affects other collection attempts, it doesn't affect child support collections. Collecting agencies can continue to pursue delinquent parents during this process.

Obligor Death

Even death of the obligor doesn't stop child support collections. Collecting agencies can attempt to collect from life insurance policies and the decedent's estate. In general, child support ends only when the child reaches the age of majority. Federal law doesn't govern child support payments after the obligor dies.

Talk with a divorce attorney like Gowri V. Hampole Atty to find out about collecting child support payments.