New York Unemployment

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I went through something similar a few years ago. Your lawyer is definitely on the right track with the subpoena approach - that's really the only legitimate way to get unemployment records for a legal case. In my experience, family court judges take potential fraud seriously when it affects child support, so they're usually willing to order the records if your attorney can show reasonable cause. Also, keep detailed notes of any suspicious activity - like if he seems to have money for things he claims he can't afford, or if neighbors mention seeing him working somewhere. That kind of documentation can help support your attorney's request for the official records.

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This is really helpful advice, thank you! I've been keeping a log of some inconsistencies - like him claiming he can't afford child support but then posting on social media about expensive purchases. I'll make sure to document everything more systematically. Did you find that the court moved quickly once your attorney filed for the records? I'm hoping this doesn't drag on for months while he potentially continues collecting benefits fraudulently.

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You're absolutely right to be suspicious if there are inconsistencies between his claims of being broke and his actual spending. I work in family law and see this situation frequently. A few things that might help: First, ask your attorney about requesting not just unemployment records but also bank statements and tax returns through discovery - this can reveal unreported income. Second, if he's posting about purchases on social media, screenshot everything with timestamps. Third, consider hiring a private investigator if your budget allows - they're experienced at documenting work activity without crossing legal lines. The subpoena process for unemployment records usually takes 2-4 weeks once filed, but having additional evidence strengthens your case significantly. NY courts don't mess around with parents who try to avoid child support through fraud.

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This is excellent advice! I hadn't thought about requesting bank statements and tax returns alongside the unemployment records - that's really smart. The private investigator idea is interesting too, though I'm not sure about the cost. Do you know roughly what PI services cost for this type of documentation? And when you mention NY courts being tough on child support fraud, have you seen cases where they actually pursued criminal charges or is it usually just civil penalties? I want to understand what my ex could be facing if we do find evidence of fraud.

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One important thing to keep in mind is that your 8 years with the same company definitely works in your favor - you'll likely qualify for the maximum weekly benefit amount since that's based on your earnings history. Also, don't forget that you need to actively search for work and document your job search activities each week to continue receiving benefits. NYS Department of Labor requires at least 3 work search activities per week. Start organizing your job search strategy now so you're ready to hit the ground running when you file your claim.

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That's really helpful about the maximum benefit amount! I didn't realize having 8 years of steady employment would help with that. Quick question about the work search requirements - do all 3 activities have to be actual job applications, or can some of them be things like networking events or career fairs? I want to make sure I'm documenting the right types of activities from day one.

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Good question about the work search activities! From my experience with NYS DOL, the 3 weekly activities can include job applications, but also networking events, career fairs, informational interviews, and even online job search activities like updating your LinkedIn profile or attending virtual job workshops. The key is documenting everything with dates, company names, and contact info when possible. NYS DOL is pretty flexible about what counts as long as you're genuinely looking for work. I'd suggest mixing different types of activities - maybe 1-2 applications plus a networking activity each week to maximize your opportunities.

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Important to note that the 26 weeks is the maximum - your actual benefit duration depends on your work history and earnings. NYS uses a formula based on your wages in the "base period" (usually the first 4 of the last 5 completed calendar quarters before you file). If you haven't worked enough or earned enough during that period, you might get fewer than 26 weeks. With your 8 years of steady employment though, you should qualify for the full 26 weeks. Also, make sure to file your weekly certifications on time every week - missing even one can delay or interrupt your benefits. The NYS Department of Labor website has a benefit calculator that can give you an estimate of both your weekly amount and duration before you file.

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This thread has been super helpful! I'm dealing with a similar situation where I live in Pennsylvania but work in Manhattan. I was getting stressed about potentially filing in the wrong state and having to start over. It's reassuring to know that since my paychecks come from a NY employer and taxes were withheld for NY, I should definitely file with NYS Department of Labor. The interstate commuter situation is definitely more common than people think, especially in areas like NYC where people live across state lines for housing costs but work where the jobs are.

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@Lucy Taylor You re'absolutely right about the interstate commuter situation being super common! I m'in a similar boat - live in New Jersey but work in NYC. When I first lost my job last year, I made the mistake of calling both states trying to figure out where to file. Wasted so much time! The NY rule is really straightforward once you know it - if your W2 shows New York wages, that s'where you file. The NYS Department of Labor website actually has a pretty clear FAQ section about this exact scenario if anyone needs it in writing. It definitely helps reduce the stress when you know you re'doing it right from the start.

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Thanks for this thread! I'm in a similar situation - live in New Jersey but work in Brooklyn. I was getting conflicting advice from friends and family about which state to file with. Some people kept telling me to file in NJ since that's where I'm a resident, but based on what everyone's saying here, it sounds like NYS Department of Labor is definitely the right choice since that's where I've been earning wages and paying into the system. It's good to know this is such a common situation for tri-state area workers. I feel much more confident about filing now instead of second-guessing myself.

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same boat here, been on UI for 6 weeks and house hunting is on hold indefinitely. so frustrating when you know it's just temporary but lenders treat you like you're unemployable

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I work as a loan officer in NY and can shed some light on this. While unemployment does make approval more challenging, it's not automatically disqualifying. Many lenders will consider your wife's income as the primary qualifying income and may accept unemployment benefits as supplemental income with proper documentation from NYS Department of Labor. The key factors are: 1) Your wife's debt-to-income ratio on her salary alone, 2) Your credit scores and assets, 3) Documentation showing the layoff was company-related not performance-related, and 4) A reasonable timeline for returning to work. I'd recommend getting pre-qualified with 2-3 different lenders since policies vary significantly. Some are much more flexible with temporary unemployment situations, especially in construction where seasonal/cyclical layoffs are common.

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This is really helpful insight from someone in the industry! @ef7084b4b048 Do you think it would be worth mentioning to lenders upfront that construction layoffs are seasonal/cyclical? I'm wondering if that context might help them understand this isn't a performance issue. Also, when you say "reasonable timeline for returning to work" - what do lenders typically consider reasonable? Spring construction season should start picking up in the next 2-3 months here in NY.

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I was in almost the exact same situation last fall! My hours dropped from full-time to about 12-15 hours per week at my retail job. Filing for partial unemployment was honestly a lifesaver. The process is pretty straightforward - you apply just like you would for regular unemployment, but then each week when you certify, you report your actual earnings. The system automatically calculates how much benefit you get based on what you earned that week. One thing that surprised me was that I could still get some benefits even when I had a slightly better week with more hours. As long as your weekly earnings are below your maximum benefit amount, you'll get something. Just be patient with the initial application process - it took about 3 weeks for my first payment to come through, but once it was set up, the weekly claims were easy to do online.

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This is exactly what I needed to hear! Thank you for sharing your experience. The 3-week wait for the first payment is good to know - I was wondering how long the initial setup takes. It's reassuring to know that even if I have a better week with a few more hours, I might still get some benefit. I'm definitely going to start the application process this week.

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I'm currently going through this exact situation! My manufacturing job cut my hours from 40 to around 20 per week back in January. I was nervous about applying at first because I thought you had to be completely unemployed, but the partial unemployment benefit has been a huge help. One tip I wish someone had told me earlier - when you're reporting your weekly earnings, make sure you report your gross pay (before taxes), not your take-home pay. I made that mistake in my first few certifications and had to correct it later. Also, keep detailed records of your hours and pay stubs because NYS Department of Labor may ask for verification. The weekly certification process becomes routine once you get used to it - I just do mine every Sunday morning now. Don't let anyone make you feel bad about using this benefit - it's exactly what it's designed for when your employer reduces your hours through no fault of your own.

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