My husband and I are going to through some major issues with the mother of his children. They divorced 6 years ago, over the last 6 years without a court ordered child support he set up to pay her over $600 a month for his two kid. She has refused for him to see the children over the last 6 years. Because he was military he had to take time off to go to her state: Alabama to file for court order child support and visitations. It has been two years since then, we still do not have court order visitations to see his two kids. They sent judgment in the mail for child support but no visitations. We have called the court house every two week over the last 2 years and no one is dealing with this case. My husband is now to the point of giving over his rights because she is such a horrible person, calls his job harassing him telling his Naval command that she is not getting money and she is. It's just constant drama with her for the last 6 years and he is so done. Question is: If you pay court order child support what are your LEGAL rights to your children with out having to have a piece of paper? Also, can she legally have his check garnished without someone discussing it with him first? Can she lie about her harassing and have his taxes garnished? I want to know or options because he is no longer active duty and is going for the Austin, Tx police department and we dont need anything getting in the way with her drama.

First she cannot get anything garnshed without proof that he hasn't paid.

What I suggest he do about that is to work with the court and see if he can make his payments through the court so the court will know he is keeping up with his payments.

You need to hire an attorney where the children live to act as your advocate. There is no reason he shouldn't get some reasonable visitation. But he needs to have an attorney petition the court for it.

She will need a court order to get his taxes garnished, and then only if he is not paying. He actually wants it garnished, since it will go to the court who will then know it is paid, Never, (NEVER) pay her direct always have it paid directly to the court, and let the court pay her, it proves she gets the money.

Next you should have an attorney and have a hearing for visits, it should have been going though the same time support was going though.

Next even if he gives up all rights, he still has to pay child support, so that will not help.

It is set through the courts now, for the last 5 or so months because when they had there court hearing she said she had not received anything for months and we had all the copies of the money orders to prove she was lying. So now we do set it up through the courts. Also we did file for visitations over a year ago, and we still haven't heard anything.

Since there is a court order for child support yes they can garnish his wages without his consent to collect. That is the way the state typically collects because so many do not pay voluntarily.
If because they did not give him credit for his past payments to her, which I am guessing they considered a gift (they usually do) and they ordered him to pay back child support (arrears) then yes they can also collect any tax refunds by way of a tax intercept. They do not need his permission for that either, however, the IRS and the state will usually send notice that it is going to/or has occurred. They can also put a lien on any personal property to collect back child support.

Ok, so the court ordered support and he is now paying it through the court AND the court knows she lied about him not paying. Do I have that correct? As long as the payments are going through the court, then there should be no problem about a garnishment as long as payments are made. Is there an issue about arrears?

What does your attorney say about the visitation? No way it should take a year to make a ruling on this. The court should now know she is a liar so they can't deny just on her sayso.