Can child support take Washington ESD unemployment benefits directly from my claim?

Damn, that's what I was afraid of. Do you know how much they can take? Like is there a maximum percentage?

I think it's up to 50% of your disposable income for current support, and up to 65% if you're behind on payments. But unemployment might have different rules.

Did your brother ever get it reduced or anything? 40% would leave me with like $290 a week which is impossible to live on.

He had to go through child support enforcement to try to modify it. Took forever though, like 3 months while he was struggling.

Thank you, this is really helpful. Do you know what number to call for DCS? And did you have any luck with the hardship modification?

1-800-442-KIDS is the main number but good luck getting through. I actually used Claimyr to help me reach someone at DCS faster - they have a service that calls government agencies for you. Check out claimyr.com, there's even a demo video at https://youtu.be/7DieNd3C7zQ

Wait, Claimyr works for child support offices too? I thought it was just for unemployment claims.

The system is definitely not perfect. The idea is that child support is supposed to be the first priority, but you're right that it can create impossible situations.

That's why there are hardship provisions though. If you literally can't afford basic living expenses they're supposed to adjust it.

How long does a modification hearing usually take? And do I need a lawyer for it?

Usually 30-60 days to get a hearing scheduled. You don't need a lawyer but it helps. Bring documentation of all your expenses and proof of your unemployment benefits amount.

This is good advice. I represented myself in my modification hearing and got my garnishment reduced from 50% to 25% by showing I literally couldn't afford groceries.

I don't think I have an account set up. Is that something I should have gotten automatically when my support order was established?

Not automatically, you have to create it yourself at www.supportregistry.wa.gov. It shows your payment history, current balance, and any active enforcement actions.

That's exactly what I'm worried about. Did you ever get it sorted out or are you still getting garnished?

Still getting garnished but I got it reduced. Had to prove I was spending more than 80% of my income on rent and utilities alone.

That's correct, but 'disposable earnings' has a specific definition that might be different for unemployment benefits vs regular wages.

I think for unemployment it's calculated differently because UI benefits are considered temporary income replacement, not regular wages.

Try using Claimyr - that's how I finally got through to DCS. They basically call for you and get you connected to an actual person. Way better than sitting on hold for hours.

Is there a cost for that service? I'm already tight on money with the unemployment situation.

There is a fee but honestly it was worth it to actually talk to someone instead of wasting entire days trying to get through on my own.

That's somewhat reassuring. Maybe I have time to figure out a modification or payment arrangement before it kicks in.

Use that time wisely though. Start gathering your financial documents now and contact DCS proactively rather than waiting for the garnishment to start.

Good point, I hadn't thought about applying for food stamps. Every little bit helps when you're trying to stretch unemployment benefits.

DSHS has online applications now too which makes it easier. Just make sure you report your gross UI amount, not what you get after garnishment.

Trust me, I'm looking for work every day. It's not like I chose to get laid off. Sometimes these things happen and people need help figuring out the system.

That's kind of a harsh response. OP is dealing with a legitimate question about how garnishment works. We've all been in tough spots.

You're right, sorry. I didn't mean to sound judgmental. Just know from experience that arrears add up fast when you're not working.

Wow, I had no idea it could affect professional licenses. I have a contractor's license I need for work. Definitely going to call DCS first thing Monday.

Yes, license suspension is one of their enforcement tools. Usually a last resort but it can happen if arrears get really high.

That's exactly the kind of specific advice I was hoping for. Do you know what kind of documentation they needed for the deviation?

Bank statements, rent receipts, utility bills, grocery receipts - basically anything showing your actual cost of living. The more detailed the better.

This is important. I had both child support and a student loan garnishment and they had to adjust the amounts so it didn't exceed the federal limits.

Thankfully I don't have any other garnishments right now. Just trying to figure out how to survive on whatever's left after child support.

Thanks for the inside perspective. I won't waste time trying to fight it through Washington ESD then - sounds like DCS is where I need to focus my efforts.

That's the right approach. Washington ESD is just following the court order, they can't make exceptions even if they wanted to.

Will do. Thanks everyone for all the advice and information. At least now I know what I'm dealing with and have a plan of action.

Seriously consider the Claimyr service if you have trouble getting through to DCS. It saved me weeks of frustration trying to reach them on my own.