How does unemployment affect child support payments in NY - NYS Department of Labor claim questions
I just got laid off from my construction job last week and filed for unemployment with NYS Department of Labor. My weekly claim was approved for $385 but I'm really worried about my child support obligations. I pay $520 every two weeks and obviously unemployment won't cover that plus my other expenses. Does anyone know if I can get my child support modified while I'm collecting unemployment? Also will the child support enforcement office know I'm getting UI benefits? I don't want to get in trouble but I literally can't afford the full amount right now.
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Jeremiah Brown
You need to file a petition for modification with the family court immediately. Don't wait - the modification can only go back to the date you file, not when you lost your job. Your unemployment benefits from NYS Department of Labor count as income but obviously it's much lower than your regular wages. The court will calculate a new amount based on your UI payments.
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JacksonHarris
•Thank you! Do I need a lawyer for this or can I file the petition myself? And should I still keep paying what I can while waiting for the modification?
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Royal_GM_Mark
Yes definitely keep paying something even if you can't pay the full amount. Shows good faith to the court. I went through this same thing 2 years ago when I was on unemployment. The child support enforcement office does get notified about UI benefits but they don't automatically modify anything - you have to request it yourself.
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JacksonHarris
•That's really helpful to know. How long did your modification take to go through? I'm stressed about falling behind.
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Royal_GM_Mark
•Mine took about 6 weeks but that was during covid when everything was slower. Keep all your NYS Department of Labor paperwork showing your benefit amount - you'll need that for court.
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Amelia Cartwright
Wait I'm confused - if your getting unemployment benefits doesn't that automatically reduce your child support? I thought they were connected somehow??
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Jeremiah Brown
•No, child support orders don't automatically adjust when your income changes. You have to go to court and request a modification. Very common misconception.
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Chris King
I had issues reaching anyone at NYS Department of Labor when I needed documentation for my child support case. If you run into that problem, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was really helpful when I needed my benefit verification letter quickly for court.
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JacksonHarris
•Good to know about that service. I might need help getting my paperwork together quickly if I'm filing for modification soon.
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Rachel Clark
The whole system is ridiculous honestly. They expect you to pay the same amount whether you're making $800 a week or $385 on unemployment. Then they threaten to suspend your license if you fall behind. Makes no sense!
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Zachary Hughes
•I get the frustration but child support is for the kids, not optional. At least there's a process to modify it based on income changes.
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Mia Alvarez
just went thru this myself - bring all your unemployment stuff to the court clerk and they help you fill out the forms. also bring proof of job searching since they might ask about that too
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