When a couple divorces and has children, one party might be responsible for paying child support to the other. Child support often welcomes disputes over the amount to be paid, the schedules, and the rights of the parties involved. Understanding the essential legal principles can help divorced parents make informed decisions on how they want to proceed with child support matters.
In this blog post, our child support attorney in Houston will explain in detail what rights the prevailing party holds in a child support matter, including information on payment sources and enforcing provisions outlined in any court orders or contracts. Read on for detailed insight into everything you need about the prevailing party’s rights in child custody laws.
Understanding Prevailing Party’s Rights in Child Support Matters
Right to Enforce Payment
The prevailing party has the right to enforce payment if the other parent fails to make payments as ordered by the court. This can include filing a contempt court motion or taking other legal action against them. The court may also impose penalties on the non-paying parent, such as wage garnishment or jail time.
The Right to Receive Child Support Payments
The primary right of the prevailing party in a child support matter is the right to receive payments. If the custodial parent wins the case, they will have the right to receive child support payments from the non-custodial parent. The non-custodial parent must pay the amount ordered by the court according to the set schedule to avoid further legal action.
Right to Seek Interest
In some cases, the prevailing party may be entitled to seek interest on any unpaid child support amounts due from the other parent. This is usually only applicable if payments are more than 30 days late and state law allows it. The amount of interest owed will depend on state laws and any applicable court orders or agreements between both parents.
The Right to Modify Child Support
A prevailing party can modify child support either through a qualified family law attorney or the state’s child support agency. If a parent can prove a significant change in their financial circumstances, such as a job loss or medical issue, they may be able to modify the amount of child support owed.
Right to Request Medical Expenses Be Included In Child Support Order
One of these right is to request that medical expenses be included in their child support order for any necessary medical care that is not covered by insurance or another third-party payer. This can include doctor visits, prescriptions, and medical treatments for illnesses or injuries not covered by insurance plans provided by either parent’s employer or another government program like Medicare/Medicaid.
The Right to Collect Back Child Support
The prevailing party has the right to collect back child support payments not made by the non-custodial parent. However, the process can be lengthy and often requires further legal action. The custodial parent can file a motion with the court to enforce the child support order and request payment enforcement through wage garnishment, bank levies, or other legal remedies.
Right to Request Financial Information from Other Parent
The prevailing party may also have a right under certain circumstances, such as when trying to modify an existing child support order based on changed financial circumstances of either party, to request financial information from the other parent regarding their income and assets so they can determine how much money should be paid in child support each month. They can do this through discovery requests sent directly from their child support attorney, which must be answered within a certain period set forth by law.
Right to Receive Tax Benefits from Child Support Payments
The prevailing party in a child support matter has a right to receive tax benefits from any payments made toward child support each year under federal law. These tax benefits include deductions from taxable income and credits toward taxes owed, depending on individual circumstances. Additionally, unpaid child support payments are considered delinquent debt, reported annually by credit reporting agencies, and can negatively impact credit scores. If the non-custodial parent is also entitled to claim the child, they can do so if specified in their court order.
The Right to Legal Representation
The prevailing party has the right to legal representation in any child support matter. Child support cases can be complicated, and having an experienced family court lawyer can help you navigate the legal system and protect your rights.
Hiring a Family Lawyer in Child Support Matters
Child support matters can quickly become overwhelming and complicated, especially if you are not aware of your legal rights as a parent. When navigating through child support disputes or proceedings, having legal representation is crucial to protect your rights as a prevailing party.
Educated Legal Advice
Having an experienced child support lawyer on your side can provide you with valuable insight. Lawyers understand the law surrounding child support and can provide accurate information on how the law affects your situation. They can provide you with expert advice on how to proceed and guide you through the complexities of the process, ultimately ensuring your rights are protected.
Representation in Court
If you must go to court for a child support matter, having a lawyer on your side can significantly benefit your case. A knowledgeable lawyer will represent you and your interests in court. They know how to present your case to the judge and can confidently argue it. As a prevailing party, it is important to defend your rights vigorously in court, and hiring a lawyer can help ensure you get the outcome you deserve.
Knowledge of Child Support Laws
The laws governing child support are complex and often differ from state to state. Qualified lawyers specializing in family law in Texas are up-to-date on child support laws, ensuring you are well represented. Knowing the law surrounding child support matters can mean the difference between a favorable or unfavorable outcome. Lawyers can ensure that your interpretation of the law is correct to preserve your rights as a prevailing party.
Connect with Daniel Ogbeide Law to Learn More about Prevailing Party’s Rights in Child Support Matters
The prevailing party in a child support matter has various rights that protect them and their child’s interests. They can receive child support payments, modify child support, collect back child support, tax benefits, have legal representation, and much more. If you are a parent pursuing a child support case in Texas, it is vital to understand your rights and work with a family lawyer who can ensure they are protected throughout the process.
Please contact our spousal support attorney in Texas at Daniel Ogbeide Law to learn more. Our child custody attorneys can help you learn more about your rights as the prevailing party.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.