Child Support

questions & answers

Question: Can unemployment that he will be getting be garnished for child support?

Answer:

The following is provided as general information. To find out how the law applies to a specific situation, contact an attorney directly.

According to Arizona Revised Statute (A.R.S.)  § 23-789(B). That statute states:

B. The department shall deduct and withhold from any unemployment compensation payable to an individual who is liable for child support obligations:
1. The amount, if any, determined pursuant to an agreement submitted to the unemployment compensation component of the department under section 454(20)(B)(i) of the social security act, as amended, by the state child support enforcement agency.
2. Any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process as defined in section 462(e) of the social security act, as amended, properly served upon the department.
3. The amount specified by the individual to the unemployment compensation component of the department to be deducted and withheld under this subsection, if neither paragraph 1 nor 2 of this subsection is applicable.
4. The amount specified by the child support enforcement agency pursuant to court order, as the amount the individual is liable for child support obligations.

C. Any amount deducted and withheld under this section shall:
1. Be paid to the appropriate entity as directed by the state child support enforcement agency.
2. For all purposes be treated as if it were paid to the individual as unemployment compensation and paid by such individual to the state child support enforcement agency and credited to the individual's child support obligations.