How much can child support take from unemployment benefits in NY?
Just started getting unemployment after losing my job last month and I'm worried about how much they can garnish for child support. I owe about $2,800 in back support and my weekly benefit is $365. My ex's lawyer said they can take up to 65% but that seems like way too much to live on. Has anyone dealt with child support garnishment from NYS Department of Labor benefits? What's the actual maximum they can take?
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Amara Nwosu
Federal law allows up to 50% of your unemployment benefits to be garnished for current child support, or up to 60% if you're behind on payments (which sounds like your situation). New York follows these federal guidelines. So on $365 weekly, they could potentially take around $219 if you're in arrears. You should contact the child support enforcement office to discuss a payment plan.
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Liam O'Donnell
•That's still a lot but better than 65%! Do they automatically start taking from unemployment or do I need to notify them about the benefit change?
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AstroExplorer
they took like 55% of mine when i was on unemployment last year, left me with barely anything to live on. the system is messed up
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Giovanni Moretti
•You can request a hardship review if the garnishment amount makes it impossible to cover basic living expenses. Document your essential expenses (rent, utilities, food) and submit a modification request to the child support office.
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Fatima Al-Farsi
I've been trying to reach someone at NYS Department of Labor about this exact issue for weeks. Their phone lines are always busy and I keep getting disconnected. Found this service called Claimyr (claimyr.com) that actually gets you through to a real person - there's a demo video at https://youtu.be/qyftW-mnTNI. Might be worth checking out if you need to talk to someone about how garnishments work with your specific claim.
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Liam O'Donnell
•Thanks! I've been having the same problem getting through to anyone. Will definitely look into that.
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Dylan Cooper
Wait I'm confused - is this about unemployment taking money for child support or child support taking money from unemployment? Because I thought unemployment was protected income??
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Amara Nwosu
•Unemployment benefits are NOT protected from child support garnishment. Only certain types of benefits like SSI are fully protected. Child support has priority over most other debts.
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Sofia Perez
THE WHOLE SYSTEM IS DESIGNED TO KEEP PEOPLE DOWN! How are you supposed to get back on your feet if they take more than half your unemployment? And don't even get me started on how impossible it is to reach anyone at NYS Department of Labor to ask questions about this stuff.
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Dmitry Smirnov
•I get the frustration but child support is for the kids. At least there are limits on how much they can take.
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Rebecca Johnston
I went through this same situation a couple years ago. The garnishment typically starts automatically once the child support office gets notified by NYS DOL that you're receiving benefits - you don't need to tell them yourself. In my case, they took about 58% of my weekly benefit amount since I had arrears. One thing that helped me was calling the child support enforcement office directly to set up a payment plan that worked better with my reduced income. They were actually more reasonable than I expected and we worked out a temporary modification while I was unemployed. Also keep all your documentation showing the garnishment amounts in case you need to dispute anything later.
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