Is child support deducted from unemployment benefits in NY - NYS Department of Labor question
I just got approved for unemployment benefits through NYS Department of Labor and I'm wondering if they automatically deduct child support payments from my weekly benefits? I pay $320 per week in child support and my unemployment benefit is $504 per week. Will the full amount go to my ex or do they take a percentage? I can't find clear info on the my.ny.gov website about this.
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Dallas Villalobos
Yes, NYS Department of Labor will automatically deduct court-ordered child support from your unemployment benefits. They're required to honor wage garnishment orders even for UI benefits. The deduction amount depends on your specific court order - it could be a fixed dollar amount or a percentage of your income. You should receive a notice from NYS Department of Labor explaining the deduction before it starts.
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Melina Haruko
•Thank you! Do you know if there's a maximum they can take? I'm worried they'll take the whole $504 and leave me with nothing to live on.
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Reina Salazar
Federal law limits child support garnishment to 50-60% of disposable income depending on your situation. Since unemployment is considered income, this should apply to your UI benefits too. So worst case they'd take around $250-300 of your $504, not the full amount.
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Saanvi Krishnaswami
•This is correct. I had child support deducted from my unemployment last year and they took about 55% of my weekly benefit amount. Still left me with enough to cover basic expenses.
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Demi Lagos
WAIT you might want to call NYS Department of Labor directly about this because sometimes there are delays in setting up the deduction and you could end up owing a lump sum later if they don't start taking it right away!! I've heard horror stories about people getting hit with huge bills.
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Reina Salazar
•Actually, if you're having trouble getting through to NYS Department of Labor by phone, I used a service called Claimyr (claimyr.com) that helped me reach an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Really helped when I had questions about my claim that I couldn't get answered through the automated system.
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Mason Lopez
yeah they definitely deduct it automatically once they get notified by the child support enforcement agency. happened to me too
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Vera Visnjic
The NYS Department of Labor is legally required to comply with income withholding orders for child support. You should contact your local child support enforcement office to verify the exact amount that will be deducted. Sometimes there can be confusion if your original order was based on a different income level.
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Melina Haruko
•Good point about the income level. My support order was based on my old salary of $75k but now I'm only getting $504/week in unemployment. Should I try to get it modified?
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Vera Visnjic
•Yes, you can petition the court to modify child support based on your reduced income. Unemployment benefits count as income but at a much lower rate than your previous salary. The process usually takes a few weeks though.
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