Frequently Asked Questions About Child Support Wage Garnishment in TennesseeWhen a child support order is issued in Tennessee, it includes the option to garnish the wages of the obligor (the party paying child support) if payments are in arrears. The following are a few common questions about wage garnishment for child support payments in Tennessee.

Q: What is wage garnishment?

A: Wage garnishment is a court order that is sent to your employer directing them to withhold money from your paycheck, and then send it to a specified agency which will forward the payment to the custodial parent. This can include salaries, bonuses, commissions, or payments from a retirement account or pension.

Wage garnishment is not required. The non-custodial parent can make arrangements with the court to avoid this extreme measure.  If your co-parent is in arrears with child support payments, a Nashville family law attorney can help you with initiating child support enforcement efforts.

Q: When might an obligor’s pay be garnished?

A: If a custodial parent is not receiving child support payments, they can request that the court garnish the obligor’s pay. Wage garnishment is not always the first option for a parent who is behind in support payments, but if that parent is consistently late in payments, or in arrears, then garnishment may be the best option. In some cases, primary residential parents may also be entitled to interest on unpaid child support as well as court and filing fees.

Q: What is the limit on the amount that the court can withhold through wage garnishment?

A: Under Tennessee law, there are limits on how much can be garnished from paychecks – usually about 25% – but the laws for child support are very different. Under the law, “Withholding shall not exceed fifty percent (50%) of the employee’s income after FICA, withholding taxes, and a health insurance premium that covers the child, are deducted. The order shall also include an amount necessary to cover the fee due the clerk of the court or the department, if appropriate.”

You can read the full text of the law here, but you would be better served to make an appointment with us and have us explain it to you.

If you have questions about child support enforcement in Tennessee, you need the strong advocacy of a skilled Nashville family law attorney from Miller Upshaw Family Law, PLLC.  You are welcome to call 615-391-4200 or contact us today to reserve an in-person or video consultation.