Rio Grande NJ Unemployment Career Center Office

It sounds like you’re in a very frustrating situation, dealing with incorrect information, delays, and the added stress of child support obligations. Let’s break down your situation and what you can do.

Unemployment Eligibility and Discrepancies
New Jersey Unemployment Requirements:
To qualify for unemployment benefits in New Jersey, you generally need to meet certain earnings and work history requirements. As of recent information, you must have:

Worked for at least 20 weeks.
Earned at least $165 per week during those 20 weeks.
Earned at least $10,000 total during the “base period.” The base period is typically the earliest four of the five complete calendar quarters before you filed your claim.
Been unemployed through no fault of your own.
Been able and available to work, and actively seeking employment.
The Discrepancy:
The core of your issue is the difference between what your employer reported to the state (18 weeks, $10,600) and what your W-2 and pay stubs show (24 weeks, $14,400).

Is your employer’s accountant incompetent or is the state wrong? It’s highly probable that the discrepancy lies with your employer’s reporting to the state. Unemployment agencies rely on data submitted by employers. If your employer incorrectly reported your wages or weeks worked, it would lead to a denial of benefits.
Why the difference? W-2s report your total taxable wages for a calendar year. Pay stubs show what you earned for specific pay periods. The data your employer reports to the state for unemployment purposes (often quarterly wage reports) should align with your earnings and weeks worked. Differences between W-2 and pay stubs can occur due to pre-tax deductions (like 401k or health insurance premiums) or if the payroll year doesn’t perfectly align with the calendar year. However, a significant discrepancy in weeks worked, as you’re describing, suggests an error in how your employer reported your earnings for unemployment purposes.

What You Need to Do:

Gather Your Proof: You have strong evidence with your W-2 and pay stubs. Keep these meticulously organized. These documents are crucial for your appeal.
The Appeal Process:
Continue to claim weeks: This is critical! New Jersey’s Department of Labor explicitly states that while waiting for an appeal hearing, you must continue to certify for your weekly unemployment insurance benefits. If you win your appeal, you will be paid for these weeks. If you don’t claim, you won’t get paid for those weeks even if you win.
Don’t wait for paperwork: While you’re waiting for the official appeal paperwork with the hearing date, you need to be proactive. If you haven’t already officially filed an appeal, you should do so immediately. The appeal must be filed in writing (often online or by mail) within 21 calendar days of the denial determination. Even if you’re past that, you should still file and explain why it’s late.
Contact the Appeal Tribunal: Since you were told it could take up to 8 months for the appeal, that’s a long time. While you must continue claiming weekly benefits, you can try to follow up directly with the Appeal Tribunal to inquire about the status of your appeal and hearing date.
Prepare for your hearing: At the hearing, you will have the opportunity to present your evidence (W-2s, pay stubs) to the Appeal Tribunal. The employer also has the right to participate. You can represent yourself or hire an attorney.
Child Support and Unemployment
Impact on Child Support:
In New Jersey, unemployment benefits are considered income for child support purposes. If you are receiving unemployment, child support payments can be withheld directly from your benefits.

Addressing the Judge:
The judge will likely want an explanation for the missed child college payments. Here’s how you can approach it:

Be Transparent and Prepared: Have all your documentation ready:
Proof of your unemployment claim filing date.
The denial letter from the New Jersey Department of Labor.
Your W-2 and pay stubs showing the higher earnings and weeks worked.
Documentation of your ongoing appeal process (any correspondence, the fact that you’re continuing to claim weekly benefits).
Evidence of your active job search (keep a log of applications, interviews, etc.).
Explain the Situation: Clearly articulate that you applied for unemployment benefits due to job loss, but your claim was denied based on what you believe is incorrect information provided by your employer. Emphasize that you are actively appealing this decision and are making every effort to resolve the issue and become re-employed.
Demonstrate Good Faith: Show the judge that you are not avoiding your obligation but are actively working to rectify the situation and find new employment. If you are able to make even partial payments towards the college order, it would be beneficial to demonstrate that effort.
Consider a Motion to Modify (if applicable): If your unemployment situation is prolonged, or if your income is significantly lower than when the original child support order was made, you might consider filing a motion with the court to temporarily modify your child support obligation. This is a complex legal step, and you should consult with a family law attorney in New Jersey if you consider this.
Key Takeaways:

Actively pursue your unemployment appeal. Your W-2 and pay stubs are strong evidence that the state’s initial calculation was based on incorrect employer data.
Keep claiming your weekly benefits while the appeal is pending.
Document everything related to your job search and your interactions with the unemployment office.
Be proactive and transparent with the court regarding your child support obligations. Explain the situation clearly, backed by your documentation.
Given the complexities and the impact on your child’s college, it would be highly advisable to seek legal counsel from an attorney specializing in unemployment law and/or family law in New Jersey. They can guide you through the appeal process, help you present your case effectively to the unemployment tribunal, and advise you on the best way to handle the child support situation with the judge.