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New Member
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Nov 23, 2014, 05:28 PM
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Tn Laws for Child Support and Taking Parental Rights Away
My ex husband has not paid child support in 8 weeks and has not seen the kids in 6 weeks. Is there anything I can do legally because the child support office isn't doing anything to him. He confuses the children when he is in and out of their life like this. He doesn't ever call and the children say that he is hardly ever around when they do come over. I have wanted to legally relinquish his rights for a while because he has done this before. He has taken the kids for 3 weeks which he got a slap on the wrist for. He is over $8000 behind in child support. I just want to know what alk I need to file and how long it has to be before I can do anything.
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Computer Expert and Renaissance Man
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Nov 23, 2014, 06:21 PM
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It is extremely difficult to get a parent's rights revoked. Generally, the courts will only allow it to clear the way for an adoption or if the parent is a danger to the children. Neither is the case here.
Is there a specific visitation schedule in place? If not, then don't have the children visit unless he forces the issue.
As for support, does he have a job? Why doesn't the support agency garnish his pay?
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New Member
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Nov 23, 2014, 06:31 PM
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We do have a set schedule for visitation which I have not been enforcing because the kids do not want to go. As far as I know he has a job and I received paperwork that they were going to garnish wages but when I call the office, they cannot give me a reason why I have not received it.
It is just not fair to the children for him to be in and out of their lives like this. There are also other things like healthcare and such he is supposed to pay half on, and I have not received that. Should I go and file contempt charges against him? I'm so confused
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Expert
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Nov 23, 2014, 06:49 PM
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If the court ordered support and healthcare, and he is not complying, he is in contempt. Yes, you should file for contempt.
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Expert
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Nov 24, 2014, 12:22 AM
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You are not going to get his rights taken away, that just does not happen, unless he is a threat to the children,
In almost every state, merely not seeing the children, or being behind in support, is not grounds for that.
You can take him back to court and try to get a garnishment of his wages, so your support goes directly to the court.
There is no way to force him to see the children.
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Computer Expert and Renaissance Man
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Nov 24, 2014, 03:59 AM
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If he insists on his scheduled visits, you have no choice but to make the children available. However, you do not have to physically force them to go.
If you want to have the visitation changed you go back to court.
You can file for contempt and ask that the agency be required to detail their efforts to collect.
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