§ 11-9-110 — Compensation nonassignable, etc., and payable to dependents only - Child support obligations excepted - Definition

(a) The right to compensation shall not be assignable and shall not be subject to garnishment, attachment, levy, execution, or any other legal process, except for child support obligations and moneys retained by the Division of Correction under § 12-30-406(a)(1) . (b) Money compensation to dependents of a deceased employee shall not constitute assets of the estate of the deceased employee and shall be payable to and for the benefit of the dependents alone. (c) (1) On or after June 30, 1993, the Workers' Compensation Commission shall forward monthly a computer tape listing the name, address, and Social Security number, if available, on all persons for whom the commission has established a file during the preceding month to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. The computer tape shall also include the name of the workers' compensation carrier and the name of the employer. (2) The same information shall be provided to individuals who apply for the information with the commission on an individual employee to an individual certifying that they have an interest in the child support obligations of the employee on whom the information is requested. (d) (1) Amounts withheld from weekly compensation benefits for child support obligations shall not exceed twenty-five percent (25%) of the benefit amount. (2) Amounts withheld from a lump-sum settlement on a joint petition for child support obligations shall not exceed fifty percent (50%) of the settlement amount. (e) Any amount withheld under subsection (d) of this section shall be paid through the appropriate court payable to the person or agency to whom the obligation is payable. (f) Any amount withheld pursuant to the provisions of this section shall for all purposes be treated as if it were paid to the employee as workers' compensation and paid by the employee to the person or agency to whom the obligation is payable. (g) For purposes of this section, "child support obligations" is defined as only those support obligations that are contained in a decree or order of the circuit court which provides for the payment of money for the support and care of any child or children.

Legislative History

Amended by Act 2019, No. 910,§ 696, eff. 7/1/2019. Init. Meas. 1948, No. 4, § 21, Acts 1949, p. 1420; A.S.A. 1947, § 81-1321; Acts 1987, No. 524, § 2; 1995, No. 1184, §§ 21, 28; 2001, No. 1651, § 1.