Can you get unemployment if you owe child support - NYS Department of Labor question
I've been out of work for about 2 months now and really need to file for unemployment benefits. The problem is I'm behind on my child support payments by about $8,000. Will the NYS Department of Labor even approve my claim if I owe back child support? I heard somewhere that they might intercept the payments but I'm not sure if that means I can't get approved at all. Has anyone dealt with this situation before? I really need these benefits to get back on my feet.
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Olivia Martinez
Yes, you can still get unemployment benefits even if you owe child support. The NYS Department of Labor doesn't deny claims based on child support debt. However, what happens is that a portion of your weekly benefit amount will be automatically deducted to pay toward your child support arrears. The state will intercept part of your UI payments and send them directly to the child support enforcement unit.
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Lucas Kowalski
•Thank you! Do you know how much they typically take out? I'm hoping I can still get enough to cover my basic expenses.
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Charlie Yang
my brother went through this last year and they took like 50% of his unemployment check for child support arrears. he was still able to get benefits though just less money each week
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Grace Patel
The amount they intercept varies depending on your total debt and current child support order. Generally, they can take up to 50% of your unemployment benefits for child support obligations. You should still file your claim immediately - every week you delay is money you're losing. The NYS Department of Labor processes these intercepts automatically through their system, so you don't need to do anything special when filing your initial claim.
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ApolloJackson
•This is so stressful! I can barely afford rent as it is. Is there any way to request a lower intercept amount if 50% would put me in financial hardship?
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Grace Patel
•You can contact the child support enforcement office to discuss your situation, but they have specific guidelines they follow. The unemployment intercept is separate from your regular child support order, so you'd need to work with them directly on any modifications.
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Isabella Russo
I was in a similar situation and couldn't get through to anyone at NYS Department of Labor for weeks to ask about this. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent who explained everything about the child support intercepts. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process way less confusing when I could actually talk to someone who knew the system.
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Lucas Kowalski
•Thanks for the suggestion! I'll check that out. The NYS Department of Labor phone lines have been impossible to get through on.
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Rajiv Kumar
Just want to add that you should definitely still file even with the child support issue. I know someone who waited months thinking they couldn't get benefits because of back support and they lost out on thousands of dollars. The NYS Department of Labor will handle the intercept automatically - you just need to focus on getting your claim approved and filing your weekly certifications on time.
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Fatima Al-Qasimi
I went through this exact situation about 6 months ago. Was behind on child support by around $6K and was terrified they'd reject my unemployment claim. But like others have said, you can definitely still get benefits. In my case, they intercepted about 40% of my weekly payments (not quite the full 50% max). The key thing is to file ASAP - I made the mistake of waiting a few weeks because I was worried and that cost me money I'll never get back. The intercept happens automatically once your benefits start, so there's no extra paperwork or hoops to jump through on your end. It's better to get 60% of something than 100% of nothing while you're job searching.
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