What happens when you are injured at work, but you also pay child support? In Nebraska, generally, there cannot be liens against workers’ compensation benefits. However, Nebraska Revised Statute 48-149 provides for one of those rare instances where a lien may be instituted against workers’ compensation benefits for child support orders. In other words, if you have a Nebraska child support order, it is likely that any child support that is due may be garnished from your workers’ compensation benefit checks or from a workers’ compensation settlement.

If there is an out-of-state child support order, however, the order must first be transferred to the Nebraska courts or to the Nebraska Department of Health and Human Services before a child support order may attach as a lien to Nebraska workers’ compensation benefits. In order to do that, there are certain procedures that must be followed for a proper transfer of a child support order to Nebraska courts. Often, these procedures are not followed by other states and therefore, there is not be a proper lien against Nebraska workers’ compensation benefits to be garnished. If the out-of-state child support order was properly transferred though, the order will be treated the same as a Nebraska child support order, and workers’ compensation benefits may be garnished to pay said child support.

Regardless of where a child support order is located, it is absolutely imperative that you inform your lawyer about any child support that you owe so your lawyer is able to help you navigate through your workers’ compensation claim and child support concerns.