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GalaxyGlider

Does child support affect NYS Department of Labor unemployment benefits?

I just started getting unemployment from NYS Department of Labor and I'm paying $480 a month in child support. I'm wondering if this affects my benefits at all? Like do I need to report it somewhere or does it change how much I get? I've been looking through the my.ny.gov portal but can't find anything clear about this. Anyone know if child support payments impact your UI claim?

Child support payments don't affect your unemployment benefit amount calculation. NYS Department of Labor calculates your weekly benefit based on your wages from the base period, not your current expenses. However, they can garnish your unemployment benefits to pay back child support if you're behind on payments.

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GalaxyGlider

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Thanks! I'm current on my payments so that shouldn't be an issue. Good to know it doesn't affect the benefit amount.

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wait so they can take money out of unemployment for child support?? I didn't know that was possible

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Yes, if you have past due child support (arrearages), NYS Department of Labor can withhold up to 50% of your weekly benefit amount to pay towards what you owe. This is automatic if there's a court order or administrative order in place.

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ugh that's scary. I better make sure I stay caught up then

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You don't need to report child support payments as income when filing your weekly claims. Only report wages from work. But like the other person said, if you're behind on support payments, they will automatically deduct from your UI benefits. You should get a notice if this happens.

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GalaxyGlider

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Perfect, that's exactly what I needed to know. I was worried I had to list it as some kind of deduction or something.

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I had issues getting through to NYS Department of Labor when I had questions about garnishments on my account. If you need to talk to someone about this stuff, I found this service called Claimyr that helped me get through to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way easier than sitting on hold for hours.

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GalaxyGlider

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Thanks for the tip! Hopefully I won't need to call but good to know there's an option if I do.

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Omar Farouk

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Just make sure you keep paying your current support while on unemployment. The court doesn't care if you're unemployed, they still expect the payments. If you can't afford it, you need to petition for a modification BEFORE you fall behind.

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@ef7084b4b048 This is really important advice. I've seen people get in trouble thinking unemployment gives them a pass on child support. How quickly can you usually get a modification hearing if your income changes?

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