A lawyer for child support deals with more than just helping custodial parents receive this financial support. This type of attorney also helps fight claims for back child support. When non-custodial parents are faced with the requirement to make child support payments that are past-due, they should get assistance from attorneys specializing in this area of the law. Speaking with an expert child support attorney for a free consultation is your first step to getting things done right this time around!
Back Child Support Issues
If a parent obligated to pay child support stops making these payments, the custodial parent can take legal action. Though custodial parents are entitled to exercise their child support rights, so are the parents charged with providing this financial support. Sometimes, extenuating circumstances cause non-custodial parents to fall behind with back child support payments and in these cases, legal recourse may be available.
For many non-custodial parents, child support represents a significant financial obligation. A layoff or large, unexpected expense can make it difficult to make child support payments. With the help of an attorney, a non-custodial parent may be able to lower child support payments, providing some financial breathing room. Non-custodial parents may also qualify for dependency exemptions for tax purposes as well as the Child Tax Credit and an attorney can make these determinations.
When back child support is owed, even bankruptcy will not usually discharge it. In fact, any debts considered “in the nature of support” for a child are not dischargeable through bankruptcy. These include debts for medical care received by the child. An attorney can help non-custodial parents find alternative ways to handle these debts without causing child support payments to go into arrears. For example, if uninsured medical expenses are not addressed in the child support order, this order may need to be revised to address who is responsible for payment.
No child support order is set in stone, offering non-custodial parents some level of flexibility. If finances get tight, an attorney can fight to reduce child support payments so the non-custodial parent does not go into arrears with these. To prevent severe legal actions such as wage garnishment, issues with support payments should be addressed as soon as they arise.
Non-custodial parents should not assume that they are the losers in child support negotiations. Attorneys fight for their rights so children receive the financial support necessary for a healthy and happy upbringing without a severe burden on the parent making the payments. If the financial situation of the non-custodial parent changes and payments slip into arrears, action can be taken to relieve this burden. But the only way to find out if you qualify for this relief is by finding out what your rights are–and you can do that with a free child support consultation today!