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Max Reyes

Can they take child support from Washington ESD unemployment benefits?

Just got approved for unemployment after being laid off from my warehouse job last month. I owe back child support and I'm wondering if Washington ESD will automatically deduct money from my weekly UI payments? I heard different things from people but want to know for sure before I start getting my benefits. Does anyone know how this works in Washington state?

Yes, they can and will garnish your unemployment benefits for child support arrears. Washington ESD is required by federal law to withhold money for past due child support. The Division of Child Support (DCS) will notify Washington ESD if you owe back support.

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How much can they take? Like is there a limit or can they take the whole payment?

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They can take up to 50% of your weekly unemployment benefit for child support arrears. If you're supporting another spouse or child, it's limited to 50%. If not, they can take up to 60%.

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happened to me last year, they took like $180 out of my $420 weekly payment for back child support. you should get a notice before they start taking it though

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Did you get any warning or did it just start happening?

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i got a letter from DCS about 2 weeks after i started getting benefits saying they were gonna start garnishing. then it showed up on my next payment stub

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If you're having trouble reaching Washington ESD to ask about this directly, I found a service called Claimyr at claimyr.com that helped me get through to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling and getting hung up on.

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Thanks, I might need that. The phone lines are always busy when I try to call Washington ESD.

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How much does that cost? Seems like something that should be free.

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It's worth it to actually talk to someone at Washington ESD instead of calling 50 times. The video explains everything better than I can.

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The garnishment happens automatically once DCS puts in the order. You don't have a choice in the matter if you owe past due child support. Washington ESD has to comply with the garnishment order.

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Can you appeal it or ask them to take less?

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You'd have to work with DCS directly, not Washington ESD. Washington ESD just follows the garnishment order they receive.

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THIS IS SUCH BS! They take your job away then take half your unemployment for old debts. How are people supposed to survive?? The system is rigged against working people.

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I understand the frustration, but child support is for taking care of your kids. The law prioritizes children's needs.

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I get that but taking half someone's unemployment when they're already struggling is cruel

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Maybe should have paid the child support when you had a job then?

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UPDATE: Called DCS this morning and they confirmed I do have arrears on file. They said Washington ESD will start garnishing 50% of my weekly benefit starting next week. At least I got some warning.

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sorry man, it sucks but at least you know what to expect now

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Good that you called to confirm. Did they give you any options for payment plans or modifications?

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They said I can try to work out a different payment arrangement but it has to go through the court that issued the original order.

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Been there done that. They took money from my UI for 8 months until I caught up on what I owed. It's automatic once the order is in place. Make sure you keep track of how much they're taking so you know when you're caught up.

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How do I track that? Does Washington ESD show it on the payment stubs?

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Yeah it shows up as a deduction on your weekly claim payment. Also DCS sends statements showing your balance.

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Wait I'm confused - do they take it from current child support or just back support? I pay my monthly child support but don't owe any back payments.

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They only garnish unemployment for PAST DUE child support (arrears). If you're current on your payments, they won't touch your UI benefits.

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Oh ok good, I was worried they'd start taking money even though I'm current. Thanks for clarifying!

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my buddy had this happen and he said the worst part was not knowing it was coming. his first payment was normal then BAM half gone the next week with no warning

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That's exactly what I was worried about. At least I called and found out ahead of time.

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They're supposed to send notice but sometimes the mail is slow or gets lost

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Can confirm this is true. Washington state follows federal guidelines for unemployment garnishment. Child support takes priority over almost everything else including taxes in some cases.

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Even over tax debt? Wow didn't know child support ranked that high.

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Yep, child support enforcement is very aggressive. They can garnish wages, unemployment, tax refunds, bank accounts, you name it.

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I tried using that Claimyr thing someone mentioned earlier and it actually worked! Got through to Washington ESD in like 10 minutes instead of calling all day. The agent confirmed my child support garnishment details over the phone.

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Good to know it works. I might try it if I need to call Washington ESD again about this.

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How does it work exactly? Do they call for you or something?

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Check out the video demo they posted earlier, explains it better than I can. But yeah it basically gets you through the phone queue.

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Just want to add that if your situation changes (like you get a job), you should contact DCS to modify the garnishment. They might reduce it or stop it if you're making regular payments from your wages.

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Good point, I'll keep that in mind when I find another job.

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Yeah definitely don't just let it keep going if you don't need to. DCS is actually pretty reasonable if you communicate with them.

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This thread helped me a lot. I'm in the same situation and was freaking out about what would happen to my unemployment. At least now I know what to expect and can budget accordingly.

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Glad it helped! That's why I posted, figured other people might be wondering the same thing.

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Always better to know what's coming so you can plan. Child support garnishment is pretty standard unfortunately.

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One thing to remember is that the garnishment only applies while you're receiving unemployment benefits. Once your UI claim runs out, they'll have to find other ways to collect unless you file a new claim.

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True, though hopefully I'll have a job before my benefits run out.

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They'll probably just garnish your wages at the new job if you still owe money

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For anyone reading this thread later - make sure you understand the difference between current support and arrears. They can only garnish UI for past due amounts, not ongoing monthly support orders.

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That's an important distinction. I was confused about that earlier in the thread.

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Exactly right. Current support comes from wages or you pay directly. Unemployment garnishment is only for catching up on back support.

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Last thing - if you have questions about your specific garnishment amount or think there's an error, that's definitely something worth calling Washington ESD about. Sometimes the numbers don't match up right.

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I'll keep that in mind. Hopefully everything goes smoothly but good to know I can call if there are issues.

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And if you need help getting through to them, that Claimyr service I mentioned earlier really does work for reaching Washington ESD agents.

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