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Can Washington ESD unemployment benefits be garnished for child support?

I just got approved for unemployment after being laid off from my construction job last month. My ex-wife's lawyer sent me a letter saying they're going to garnish my unemployment benefits for back child support I owe. I thought unemployment couldn't be touched for garnishments but now I'm not sure. Has anyone dealt with this before? I need to know if Washington ESD will actually let them take money from my weekly claims.

Yes unfortunately unemployment benefits can be garnished for child support in Washington state. It's one of the few types of debt that can touch your UI benefits.

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Seriously? That sucks. Do they take the full amount or just a percentage?

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They can take up to 50% of your weekly benefit amount for child support garnishment.

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This is correct. Child support garnishments are different from regular creditor garnishments. Washington ESD is required by federal law to honor child support enforcement orders. The Division of Child Support (DCS) can intercept your unemployment benefits automatically once they have an order in place.

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Is there any way to fight this or reduce the amount they take?

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You'd need to work with DCS or go back to court to modify your child support order if your income has changed significantly.

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I tried this and it took months to get a hearing. In the meantime they kept taking half my benefits.

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I went through this exact situation last year. What happens is Washington ESD gets an order from DCS and they automatically deduct the amount before they deposit your weekly claim. You'll see it on your payment summary in your online account. There's no way around it unfortunately.

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Did you get any notice before they started taking the money?

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I got a letter from DCS but Washington ESD didn't notify me separately. The first time I knew was when my payment was short.

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If you're having trouble reaching Washington ESD to ask questions about this, I found a service called Claimyr that helped me get through to an actual agent. They have a system that calls Washington ESD for you and gets you connected to a human. Check out claimyr.com - there's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thanks, I might need that. The regular phone number just hangs up on me after being on hold forever.

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Is that service legit? Sounds too good to be true with how impossible it is to reach Washington ESD.

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Yeah it's real. I was skeptical too but it actually worked. Got connected to an agent in like 20 minutes instead of calling all day.

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this happened to my brother and he was pissed. they took like $400 out of his $800 weekly benefit. he had to live on $400 a week which barely covered rent

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That's exactly what I'm worried about. Did he find any way to get help with the reduced income?

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he applied for food stamps and got help with utilities through some local program. had to swallow his pride but it helped

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One thing to know is that they can also intercept any back payments if Washington ESD owes you money from delayed claims. So if you have adjudication issues that get resolved and they owe you several weeks of back pay, DCS can take their percentage from that lump sum too.

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Good to know. My claim is still in adjudication so this might affect me.

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Yeah they got me for like $2000 when my adjudication finally cleared and I got 6 weeks of back pay.

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The system is so messed up. How are you supposed to survive on half benefits? Kids need support but parents need to eat too.

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I get it but child support is for the kids. The system assumes you should have been paying all along.

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I know but when you lose your job it's not like you chose to stop paying. The amounts should adjust automatically.

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That's why it's important to petition for a modification as soon as your income changes.

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Does anyone know if they can garnish the extra $25 federal unemployment supplement too or just the state portion?

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There's no federal supplement right now. That ended after COVID. But when there was, yes they could garnish that too.

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Oh right, I forgot those programs ended. Thanks for clarifying.

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I work for a legal aid office and see this a lot. If you're behind on child support and file for unemployment, expect the garnishment to start within a few weeks. Washington state has an automated system that matches UI claims with child support cases.

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Is there any legal way to delay or stop this while looking for work?

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Not really. Child support is considered a priority debt. Your best bet is to try to modify the support order if your income has dropped significantly.

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What if you're getting unemployment in one state but owe child support in another state? Can they still garnish across state lines?

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Yes, there are interstate agreements for child support enforcement. They can garnish unemployment benefits regardless of which state you're in.

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Damn, I was hoping moving to Washington would help me get back on my feet first.

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The worst part is they don't just take current payments - they go after all the back support too. So even if you start paying current support, they'll still garnish for what you already owe.

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How much back support do you have to owe before they start garnishing?

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Any amount. They can start garnishing as soon as you miss one payment and they get an order.

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Pro tip - if you know garnishment is coming, try to get ahead of it by contacting DCS directly. Sometimes they'll work with you on a payment plan that's less than the maximum garnishment amount. Won't stop the garnishment but might reduce it.

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That's actually helpful advice. I'll try calling them before the garnishment starts.

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Good luck getting through to DCS. Their phone system is almost as bad as Washington ESD.

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Speaking of getting through to agencies, I mentioned Claimyr earlier for Washington ESD. They might be able to help you understand exactly how the garnishment will show up on your account and when it starts. Worth asking an agent about the timeline.

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Yeah I think I'm going to try that service. Need to know what to expect with my payments.

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Does the garnishment stop when unemployment runs out or do they just wait until you get another job?

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It stops when unemployment ends but the order stays in place. As soon as you get new income they can garnish again.

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So basically there's no escape until you pay everything off or get the order modified.

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I've been dealing with this for two years now. Half my unemployment goes to child support. It's brutal but my kids deserve the support. Just wish the system was more flexible when people lose jobs.

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How do you manage on half benefits? Any tips for stretching the money?

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Food banks, utility assistance programs, and I had to move to a cheaper place. It's rough but doable if you know where to get help.

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211 is a good resource for finding local assistance programs. Just dial 2-1-1.

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Wait, can they garnish your unemployment if you're on standby status instead of regular unemployment?

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Yes, standby is still unemployment insurance. Any UI benefits can be garnished for child support.

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Ugh, I was hoping standby might be different since it's temporary.

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The garnishment shows up as a deduction on your Washington ESD payment summary. Mine says 'CS ENFORCEMENT' or something like that. Makes it real clear where your money went.

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Do they send you any paperwork about the garnishment or just start taking the money?

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I got a notice from DCS but Washington ESD doesn't really explain it. The deduction just appears on your payment.

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This thread is depressing but helpful. At least now I know what to expect. Gonna try to get ahead of this and see if I can work out something with DCS before they start taking half my benefits.

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Same here. Better to know now than be surprised when the first payment is short.

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Smart approach. Even if you can't stop it, at least you can budget for it.

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