Rodriguez v. Rodriguez

The issue raised by the present motion is whether weekly payments being made to the defendant pursuant to a workers’ compensation specific injury award are includable in the defendant’s net disposable income for the purpose of determining the amount of child support required by the child support guide lines. It appears to be a question of first impression in this jurisdiction.

The original form of the Worker’s Compensation Act 1 provided for compensation for both total and partial incapacity resulting from injuries that did not prove fatal. “The obvious theory of this section is that the…