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San Antonio Child Support Lawyer

San Antonio child support attorney

Child Support In Texas

Parents who are involved in divorce or family law cases will need to address a variety of financial issues. Some of the most important matters will be related to their ability to provide for the needs of their children. To ensure that both parents contribute financially to the costs of raising children, child support orders will usually be issued. A variety of factors may be considered when calculating the amount of support that a parent will be required to pay. To ensure that the correct amount of child support will be established and to address other financial issues related to a couple's children, it is important for a parent to be represented by an attorney.

Child support can be a confusing and frustrating topic. At Brandon Wong & Associates, our lawyers understand how the law works, and we can work with parents to solve problems effectively. We are advocates for parents and children. We strive to be fair and wise, serving as peacemakers who can help resolve disputed issues and helpers of families who focus on making sure parents will be able to meet their children's needs. Our goal is to put solutions in place to help parents work together to provide for their children, while also ensuring that parents will have the necessary financial resources to support themselves and live comfortably.

Child Support Calculations in Texas

Child support is meant to provide for the needs of children. It is not intended to take resources from one parent and give them to the other parent; instead, these orders help ensure that both parents are contributing the proper amounts toward ongoing necessities, such as making sure children have enough food to eat, a safe place to live, and proper clothing and personal care. The costs involved in raising children can be significant, and child support orders will divide these expenses between the parents while taking their respective income levels into account.

In Texas, child support payments are calculated based on established guidelines. In most cases, the amount of payments will be based on the net resources of the parent who is paying support and the number of children the parents share. Net resources include all forms of income earned by a parent minus deductions such as federal and state income taxes, Social Security taxes, and union dues. A percentage will be applied to the net resources based on the number of children being supported. For example, if a parent's net resources are $4,000 per month, and they have two children, their child support will be 25 percent of their net resources, or $1,000.

In some cases, a court may decide to deviate from the child support guidelines and make adjustments to a parent's obligations based on factors such as the needs of the child, the amount of visitation time each parent has with their children, whether parents have custody of children from other relationships, the costs of travel and transportation when exercising visitation time, or other issues that affect children's best interests. Child support orders may also address certain types of additional expenses that parents will need to pay for children, such as educational and medical expenses.

Child Support FAQs

Q

How Much Will I Have to Pay in Child Support?

Answer: The amount of child support you have to pay will depend on how many children you have a duty to support and your net resources. Texas' child support guidelines state that the following percentages are presumed to provide a child with the necessary support:

  • 1 child: 20 percent of the net resources of the parent paying support
  • 2 children: 25 percent of the net resources of the parent paying support
  • 3 children: 30 percent of the net resources of the parent paying support
  • 4 children: 35 percent of the net resources of the parent paying support
  • 5 children: 40 percent of the net resources of the parent paying support
  • 6 or more children: At least 40 percent of the net resources of the parent paying support
Q

I Can't Afford to Pay Child Support. What Can I Do?

Answer: While you always have an obligation to provide child support, even if you are not working, it may be possible to reduce the amount of child support you will have to pay. In certain instances, you can file for a child support modification asking to reduce your financial obligations to align with your changed financial circumstances. If you owe child support, there are certain facts that can decrease the amount of child support owed. Additionally, payment arrangements can often be negotiated.

Q

How Can I Get My Ex to Pay More Child Support?

Answer: Just as your ex can ask the court to lower the child support obligation, you can ask the court to increase child support by filing a modification request. The amount of child support your ex has to pay is based on their income. A person's income often increases over time, which can make them subject to a modification. Additionally, the court can modify the child support obligation if the circumstances of either parent, the child being supported, or another person affected by the order have changed substantially.

Q

How Long Do I Have to Wait to Modify the Child Support I Receive?

Answer: The court can modify the child support obligation, including the requirement to contribute to health-care coverage or educational expenses, if (1) the circumstances of the obligor (person who pays child support) have materially and substantially changed; or (2) at least three years have elapsed since the last order AND the amount of child support would differ by either $100 or 20 percent from the amount that should be paid pursuant to the current child support guidelines.

Q

Is Child Support Always Set Based on the Child Support Guidelines?

Answer: Not necessarily. A Texas court can consider other factors to set child support above or below the amount that would be determined using the child support guidelines. A few examples of issues the court can consider include the age of the child, costs incurred to exercise visitation, and extraordinary health or education expenses for the child.

Q

I Am Owed Child Support. What Can I Do?

Answer: An attorney can assist you in a variety of ways when attempting to collect unpaid child support. The most common way is through wage withholding. However, it may also be possible to freeze bank and retirement accounts, place the non-paying parent in jail for failure to pay child support, and sell real and personal property after obtaining a judgment for unpaid child support.

Q

My Children Are No Longer Minors. Can I Still Collect Unpaid Child Support?

Answer: Yes. In Texas, there are no time limitations to collect unpaid child support. You can collect child support that is owed to you, even if your children are 20, 30, or 40+ years old.

Contact Our Bexar County Child Support Lawyers

Our attorneys can assist with multiple issues related to child support or other family law matters. In addition to helping establish child support orders, we can assist with requests to modify child support based on changes in a family's circumstances, enforcement of child support orders, collection of past-due child support, and other related issues such as establishing paternity or handling concerns involving military service. If you have any other questions, or if you need legal help with these matters, please do not hesitate to contact us. Call our office at 210-201-3832 to arrange your initial consultation.

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