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Sean O'Connor

Do they take child support out of unemployment benefits in NYS?

Just got approved for unemployment after being laid off from my warehouse job. I pay child support and I'm wondering if NYS Department of Labor automatically deducts child support from my weekly unemployment payments? I can't find clear info on their website and I want to make sure I budget correctly. Does anyone know how this works?

Yes, they can and will deduct child support from your unemployment benefits if there's a court order. NYS Department of Labor is required to honor income withholding orders from the Support Collection Unit. The deduction happens automatically once they receive the order from child support enforcement.

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Thanks for the info! Do you know if they take the same percentage as from regular wages or is it different for unemployment?

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From my experience, they'll take whatever percentage the court order specifies, up to the federal maximum limits. For unemployment, I think it's around 50-60% max depending on your situation. You should get a notice before they start deducting.

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wait really?? that seems like a lot when unemployment is already so much less than regular pay

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Yeah it can be tough. The percentages are based on federal guidelines though, not something NYS Department of Labor decides.

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I had this exact situation last year! NYS Department of Labor started taking my child support out after about 3 weeks. The amount was the same as when I was working but obviously it hit harder since unemployment is way less money. You might want to call your child support caseworker to discuss modification if the payments become too much.

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Did you have any trouble reaching someone at child support enforcement? I've heard their phone lines are impossible to get through.

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If you're having trouble reaching NYS Department of Labor or child support offices by phone, I've had success using Claimyr (claimyr.com) to get through to agents. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped when I needed to sort out my benefit deductions.

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This whole system is ridiculous! They expect you to live on practically nothing while still taking out the same child support as if you're making full wages. How are we supposed to pay rent AND child support on $400 a week??

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I feel you but the kids still need support regardless of our employment status

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@Ethan Davis is right that kids need support, but @Aisha Abdullah raises a valid point about the financial strain. The system doesn t automatically'adjust for reduced income - you have to proactively request a modification through the court or child support office. It s definitely'worth looking into if your unemployment benefits are significantly less than your previous wages. The modification process can take time though, so don t wait'if you re struggling'to make ends meet.

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