Child Support Suspended, but Still Being Garnished

My question involves child support in the State of: Tennessee

On Jan. 15, 2013 my son was placed in my custody through dcs (department of children services) because his mother abused him, she made him get naked and lie on the bed and took a spiked belt and beat him with it. I've been paying child support since he was a baby it's deducted from my paychecks every 2 weeks. she is only allowed to get supervised visitation with my son til this date. well i hired an attorney to stop my child support in march of 2013 and she couldn't get it done and on Aug. 16th I drew up a motion and went to court myself and the judge granted my motion to terminate my child support obligation. my problem is 6 weeks later I am still paying child support to her and needless to say she is not giving me a dime back of my money much less helping support him. I have gone back down to the court who says I should go to child support because they would be the ones to stop support. and when i go to child support they say i should wait for it to be filed in their system. well my sons needs can't wait i have bills and 2 other children to take care of. I'm curious to hear what others would do in my situation. Oh and soon he will be placed back into her custody from dcs because she's complied with them by going to parenting classes, but what would you do? what would you advise me to do as dad?

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my problem is 6 weeks later I am still paying child support to her

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was there any delinquency at the time it was terminated? If so, they will continue to take it until your account is paid in full.


you should be getting a new child support order before long from the state seeking payment so do not count on the cessation of child support paid to your wife being any real benefit in the end.

and if the child will be returned to her, so will child support obligations.



and I suggest your claim of how he was beat is exaggerated. That is criminal behavior. She would possibly be tried on some sort of criminal charges and she would quite likely lose any rights to the child.

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Quoting jk

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was there any delinquency at the time it was terminated? If so, they will continue to take it until your account is paid in full.


you should be getting a new child support order before long from the state seeking payment so do not count on the cessation of child support paid to your wife being any real benefit in the end.

and if the child will be returned to her, so will child support obligations.



and I suggest your claim of how he was beat is exaggerated. That is criminal behavior. She would possibly be tried on some sort of criminal charges and she would quite likely lose any rights to the child.

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I would not be so sure about exaggeration. My sister used to work as a county social worker, and some of thr stories she told me about terribly abusive or neglectful parents who were allowed to keep custody of their kids would make you sick.

a couple of years ago, there was a woman here in Ohio who was literally starving her two kids to death. She had been investigated by the county several times, but never lost custody of her kids. The kids' aunt ended up rescuing the kids. They had been locked in a basement for weeks, and were critically ill from lack of food. The aunt took them to a hospital, and the mom was finally arrested and charged with a crime. It was on the news and in the newspaper.

It would not surprise me if the op is telling the truth.

I do understand what you are saying though and I do like to believe CPS does everthing they can in situations like this but I do understand that sometimes the system fails the kids.

one would have to wonder the justification behind leaving the starving kids in the home though. I would have to think they were not medically in danger at the time of the visits though. If a child is beaten with a spiked belt, could require some ER treatment. If it didn't, then it may have never been known until the eventual discovery as it was. Some kids hide things such as that extremely well. but once discovered, if criminal charges are justified, then let the hounds loose.

on top of that, the fact she is getting custody back this fast suggests it is not as bad as I envision when somebody tells of a naked child being beaten with a spiked belt.

well, I'm not in any arrears I've never been because my child support come directly out of my pay checks and I've had the same job since he was born. In regards to my "exaggeration" that's the story my son told the detectives. She did plead guilty to a class B felony of child abuse, I'm not sure the outcome of that case but I was saying Department of Child services have been telling me she will get him back, I'm not sure when I do believe it will be soon though. My problem is the child support though, I'm not sure how to get it stopped from coming out of my check. It took them a weeks time to start deducting it.

If it took them weeks to start deducting it,'unless the took more than was ordered weekly, you would be weeks behind from the get go.

additionally, if the amount ordered was more than they could take, legally or practically, from your paycheck, you would be accruing arrears on a weekly basis. The deductions, again, would not stop until all arrears were paid.

you need to contact the child support people and ask for an accounting of your account to accurately determine if that iswhat is happening.

i misread your origin post origin. As to paying to the state, I thought CPA had taken custody of your son, not you.

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Quoting rubenreed2003

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well, I'm not in any arrears I've never been because my child support come directly out of my pay checks and I've had the same job since he was born. In regards to my "exaggeration" that's the story my son told the detectives. She did plead guilty to a class B felony of child abuse, I'm not sure the outcome of that case but I was saying Department of Child services have been telling me she will get him back, I'm not sure when I do believe it will be soon though. My problem is the child support though, I'm not sure how to get it stopped from coming out of my check. It took them a weeks time to start deducting it.

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When you asked the child support agency, "Do you have all of the information you need to update your system with the new order," what did they tell you? When you asked, "How long does it take for updates to go through after you get that information," what did they tell you?

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Quoting Mr. Knowitall

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When you asked the child support agency, "Do you have all of the information you need to update your system with the new order," what did they tell you? When you asked, "How long does it take for updates to go through after you get that information," what did they tell you?

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I do have all my information in regards to the order and I've been told the past 3 weeks their system hasn't been updated with my granted motion to dismiss the child support. I did ask how long it would take which was my very 1st question and she said she didn't know that they had the child support lawyer that was in the court room with me was the person who would take care of everything, problem is they of course won't give me her info. all I have is a name no phone number or nothing.

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Quoting jk

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If it took them weeks to start deducting it,'unless the took more than was ordered weekly, you would be weeks behind from the get go.

additionally, if the amount ordered was more than they could take, legally or practically, from your paycheck, you would be accruing arrears on a weekly basis. The deductions, again, would not stop until all arrears were paid.

you need to contact the child support people and ask for an accounting of your account to accurately determine if that iswhat is happening.

i misread your origin post origin. As to paying to the state, I thought CPA had taken custody of your son, not you.

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oh, like I am at 0 arrears we established that when I went to court that's why the judge granted my motion to terminate the support obligation order. I was saying that when I 1st started child support, my very next paycheck was deducted it took them a week to get it started I don't understand why it's taking them more the 6 weeks to stop it

[QUOTE=rubenreed2003;743689]I do have all my information in regards to the order and I've been told the past 3 weeks their system hasn't been updated with my granted motion to dismiss the child support. I did ask how long it would take which was my very 1st question and she said she didn't know that they had the child support lawyer that was in the court room with me was the person who would take care of everything, problem is they of course won't give me her info. all I have is a name no phone number or nothing.

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oh, like I am at 0 arrears we established that when I went to court that's why the judge granted my motion to terminate the support obligation order.

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it's good that you actually owe nothing but the termination of the order is not proof of that. It has nothing to do with it in fact.

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I was saying that when I 1st started child support, my very next paycheck was deducted it took them a week to get it started I don't understand why it's taking them more the 6 weeks to stop it

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You said it took weekS to get it started. That would mean that unless you made up the money owed during those weekS, you would be in arrears for that amount. I'm only going by what you said. You also did not address the question of; was the deduction adequate to cover the entire amount but if you are actually at a 0 balance, that is a given.

have you spoken to your employer and shown them the order from the court that your child support is terminated and that you have no outstanding balance either provided by the court or the child support people?

In my state, which I grant you is not the OP's, a notice to terminate the support is sent automatically to the employer by the court; however, we are prohibited from terming it until such order is received. We absolutely cannot term it on anything short of that notice.

I would strongly recommend that you confirm whether or not your employer has received official notice to terminate the support order.