Can child support take your unemployment check from NYS Department of Labor benefits?

Yes, child support can be deducted from unemployment benefits in New York. The NYS Department of Labor is required to withhold child support from UI payments when they receive an income withholding order. The maximum they can take is usually 50-60% of your weekly benefit amount depending on your situation.

happened to me last year, they took about half my weekly benefit for back support. you should get a notice before they start the deductions but mine came pretty quick after i started getting UI

You'll typically receive a notice from both the child support enforcement unit and NYS Department of Labor before the withholding starts. If you're facing financial hardship, you can request a hearing to potentially reduce the withholding amount. Contact the child support office immediately to discuss a payment plan - being proactive helps.

If you're having trouble reaching someone at child support enforcement about this, I used Claimyr (claimyr.com) to get through to a NYS Department of Labor agent when I had questions about my deductions. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand what was happening with my UI payments.

ugh the system is so messed up!! they take your unemployment when you're already struggling to pay rent and buy food. how are you supposed to get back on your feet if they're taking half your benefits???

Just went through this exact situation. The withholding started about 3 weeks after I began receiving UI benefits. You should definitely call child support enforcement to see if you can work out a modified payment arrangement based on your reduced income from unemployment.

I'm in a similar situation and just wanted to share what I learned from my case worker. The key is to be proactive - don't wait for them to start garnishing. Call the child support office as soon as you start receiving UI benefits and explain your situation. They may be able to set up a temporary reduced payment plan while you're unemployed. Also, keep detailed records of all your expenses (rent, utilities, groceries) in case you need to prove financial hardship later. The system isn't perfect but there are options if you know how to navigate it.

I work at a legal aid clinic and see this situation frequently. In New York, they typically review temporary payment modifications every 3-6 months, but it can vary based on your county's child support office. When you request the modification, ask specifically about the review schedule and what documentation you'll need to provide for extensions. Some offices are more flexible than others - if you're actively job searching and can show proof (applications, interviews, etc.), they're usually more willing to extend temporary arrangements. Also, if your UI benefits are set to expire, let them know in advance so they can adjust accordingly rather than reverting to the original payment amount when you have no income at all.