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Child Custody Case & Child Support

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What is the name of your state? TX

I am in the midst of a child custody case, and the court has ordered that the child remain in my custody temporarily, as well as there being a restraining order placed on the mother until a hearing that's set on the 20th of this month. I have yet to have her served successfully (she's avoiding) and have a feeling that she is going to continue to duck and dodge for some time to come.

Today, the AG garnished my wages for child support because she started the enforcement up because I chose to pursue custody. I called them and told them what was going on with me, and asked why they are garnishing my wages while I have a restraining order on the mother, as well as temporary custody of my daughter until the hearing on temporary orders on the 20th.

The response was that there is a court order in place, and it would have to be modified before they would stop the enforcement. I thought that's what this temporary order was (pending a hearing) and that I shouldn't be paying child support to the mother considering that I have my daughter, as well as a restraining order against the mother.

What can I do to remedy this situation, especially since she's already been ducking and dodging being served and I know its going to continue?

I have no idea where she works, and she's been staying away from home lately because my grandparents (of all people) told her that she was going to be served soon.
 


Gracie3787

Senior Member
What is the name of your state? TX

I am in the midst of a child custody case, and the court has ordered that the child remain in my custody temporarily, as well as there being a restraining order placed on the mother until a hearing that's set on the 20th of this month. I have yet to have her served successfully (she's avoiding) and have a feeling that she is going to continue to duck and dodge for some time to come.

Today, the AG garnished my wages for child support because she started the enforcement up because I chose to pursue custody. I called them and told them what was going on with me, and asked why they are garnishing my wages while I have a restraining order on the mother, as well as temporary custody of my daughter until the hearing on temporary orders on the 20th.

The response was that there is a court order in place, and it would have to be modified before they would stop the enforcement. I thought that's what this temporary order was (pending a hearing) and that I shouldn't be paying child support to the mother considering that I have my daughter, as well as a restraining order against the mother.

What can I do to remedy this situation, especially since she's already been ducking and dodging being served and I know its going to continue?

I have no idea where she works, and she's been staying away from home lately because my grandparents (of all people) told her that she was going to be served soon.
Unfortunately the AG is correct. Unless the Judge added a temporary abatement to the temp order of custody, you still owe CS even though you have custody. The best thing to do is to wait until the 20th and bring it up in court, that way the Judge can order a temp abatement until there can be a full hearing on the CS issue.
 

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