Empowering Parents – Tools for Enforcing Child Support

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What Can You Do

The first thing you should do when your co parent is not paying Child Support is open a line of communication. Try to first understand why they were not paying their obligated child support. If you cannot get into contact with the other parent and are still in the midst of legal procedures, you should file a Motion To Compel or even a Petition of Contempt. These filings are the easiest and most simple way to make somebody comply with court orders such as child support. However, these are short term solutions that are not available for every person getting paid child support. Here are some other resources and actions you can take to enforce your child support order.

First Things First

Remember to always be courteous and respectful to the other parent, even when it’s hard, and even when they aren’t there. If you’re unable to get into contact with your co parent and are not in an active court case the first thing you should do is report the delinquent parent to DHS or your local county child support office, they will assist in helping you take steps to enforce your child support order. Depending on the case and situation, the officials will choose the best action to take to enforce the order. Of course, each case is unique in its components and elements, and will be considered carefully before a course of action is taken.

Legal Procedure

In litigant procedures like divorce, child custody and support are determined in parenting plans pursuant to T.C.A. 36-6-404. If you file a petition or motion, the other parent may contest petitions or motions with council, or pro se. Courts in Tennessee favor neither the mother, nor the father, but rather the child. In a juvenile case, the courts will follow through with a plan of action that best supports and benefits the child(ren) and their wellbeing. Modifying an existing parenting plan is always possible and either parent can go back and file for a modification of a parenting plan. If your child is not getting the care they deserve, consider pursuing legal action. Give our office a call for the best chance.

Enforcement Options

You may file a Petition of Contempt in your active case if your co parent is not paying the ordered child support, or you may open up a new case if you do not have one already. Other options include, but are not limited to:

  • Wage Garnishment –  When the delinquent parent’s employer withholds a percentage of their check to give to the county to send to the custodial parent
  • Intercepting tax returns – IRS will deduct a percentage of tax returns to offset outstanding balances. Any parent who owes more than $500 dollars to the support case, they are automatically subject to the “Tax Refund Offset Program.’
  • Liens on properties – DHS can issue liens on any properties and assets in your name. If you owe child support and withhold those funds knowingly and needlessly, the county can issue a lien on your assets, like a home, a car, a boat, bank accounts, etc. 
  • Seizing properties – DHS is capable of data matching and will do so when necessary. If there is an active lien on a property and the non-custodial parent still withholds payment, the county can seize and sell properties to fulfill the child support obligation.
  • Seizure of bank accounts – DHS, using the same data matching technology can also freeze or seize bank accounts, bonuses, retirements, social security, disability, retirement etc. Anything you have financial ownership of is subject to seizure or deductions.
  • Seizure of licensure – DHS is also capable of freezing licenses. Driver’s licenses are most commonly frozen, of course, but other licenses like medical or legal practice licenses, aviation licenses and more are all subject to seizure when you knowingly and needlessly avoid your child support obligations.

Resources

There are so many resources available for single parents, especially single mothers. There are resources available for parents who’ve broken up but understand the importance of stepping up to raise their child. These are just some;

Summary

Parents missing or skipping out on their child support obligation is all too common, and thankfully there are resources available and actions you can take to pursue what’s best for your child. It takes a village to raise a child, let us be a part of yours and give us a call today! We here to help and support you through your legal procedures in any way we can.

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