How to find out if someone is on unemployment - NYS Department of Labor records?
I'm going through a custody battle and my ex-husband claims he can't afford child support because he's unemployed, but I suspect he's working under the table while collecting unemployment benefits. Is there any way to find out if someone is actually receiving NYS Department of Labor unemployment benefits? I know there's privacy laws but this is for a legal case. My lawyer says we might need proof if he's committing fraud. Has anyone dealt with this situation before?
13 comments


StarSurfer
You can't directly access someone else's unemployment records - those are confidential under federal privacy laws. However, your attorney can subpoena NYS Department of Labor records as part of your custody case. The court can order disclosure of benefit information when it's relevant to child support determinations. You'll need to work through the legal system rather than trying to find this information yourself.
0 coins
Isabella Costa
•Thanks, that makes sense. Do you know how long the subpoena process usually takes? I'm worried he's going to stop claiming before we can get the records.
0 coins
Ravi Malhotra
been there!! my sister went thru the same thing with her deadbeat ex. if hes working under the table and claiming UI thats fraud and the state takes it seriously. definitely get your lawyer to request those records through the court
0 coins
Isabella Costa
•Did your sister end up getting the proof she needed? I'm hoping the judge will order him to provide his own records first.
0 coins
Freya Christensen
If you suspect unemployment fraud, you can also report it directly to NYS Department of Labor. They have a fraud hotline and investigation unit. While you won't get access to his records, if they find fraud it becomes part of the legal record. Just saying 'I think he's working' isn't enough though - you need specific evidence like seeing him at a job site or having proof of unreported income.
0 coins
Omar Hassan
•This is good advice but be careful about making false accusations. The fraud investigation process can take months and if there's no actual fraud it could backfire in your custody case.
0 coins
Chloe Robinson
Actually dealing with NYS Department of Labor for anything legal-related can be a nightmare because their phone lines are always jammed. If you need to contact them about fraud reporting or getting information for your attorney, I'd suggest using Claimyr (claimyr.com) - they can get you connected to actual agents much faster than calling directly. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Could save your lawyer a lot of time trying to reach the right department.
0 coins
Isabella Costa
•Interesting, I'll mention this to my attorney. Getting through to NYS Department of Labor has been impossible when I've tried calling.
0 coins
Diego Chavez
The unemployment office isn't going to just hand over someone's benefit information to an ex-spouse, even with a good reason. Privacy laws exist for a reason. Focus on documenting any evidence of unreported work instead - photos, witness statements, proof of income. That's what will actually help your case.
0 coins
Isabella Santos
I went through something similar a few years ago. Your lawyer is definitely on the right track with the subpoena approach - that's really the only legitimate way to get unemployment records for a legal case. In my experience, family court judges take potential fraud seriously when it affects child support, so they're usually willing to order the records if your attorney can show reasonable cause. Also, keep detailed notes of any suspicious activity - like if he seems to have money for things he claims he can't afford, or if neighbors mention seeing him working somewhere. That kind of documentation can help support your attorney's request for the official records.
0 coins
Mateo Hernandez
•This is really helpful advice, thank you! I've been keeping a log of some inconsistencies - like him claiming he can't afford child support but then posting on social media about expensive purchases. I'll make sure to document everything more systematically. Did you find that the court moved quickly once your attorney filed for the records? I'm hoping this doesn't drag on for months while he potentially continues collecting benefits fraudulently.
0 coins
Freya Collins
You're absolutely right to be suspicious if there are inconsistencies between his claims of being broke and his actual spending. I work in family law and see this situation frequently. A few things that might help: First, ask your attorney about requesting not just unemployment records but also bank statements and tax returns through discovery - this can reveal unreported income. Second, if he's posting about purchases on social media, screenshot everything with timestamps. Third, consider hiring a private investigator if your budget allows - they're experienced at documenting work activity without crossing legal lines. The subpoena process for unemployment records usually takes 2-4 weeks once filed, but having additional evidence strengthens your case significantly. NY courts don't mess around with parents who try to avoid child support through fraud.
0 coins
Abigail bergen
•This is excellent advice! I hadn't thought about requesting bank statements and tax returns alongside the unemployment records - that's really smart. The private investigator idea is interesting too, though I'm not sure about the cost. Do you know roughly what PI services cost for this type of documentation? And when you mention NY courts being tough on child support fraud, have you seen cases where they actually pursued criminal charges or is it usually just civil penalties? I want to understand what my ex could be facing if we do find evidence of fraud.
0 coins