Child Support FAQ
Excellence In Handling Divorce, Child Support And Financial Matters
We are San Antonio child support attorneys Megan, Brandon and Karen. At MARVEL & WONG, PLLC, we are committed to excellence in handling child support cases and other family law matters.
Here are some general answers to commonly-asked questions about child support:
How much do I have to pay in child support?
The amount of child support you have to pay depends on how many children you have a duty to support and your net resources. Check out the Texas child support guidelines chart to find out how much child support you should be paying or receiving.
I can’t afford to pay or owe child support, what can I do?
While you always have an obligation to provide child support, even if you are not working, it is possible to reduce the amount of child support you have to pay. In certain instances, you can file for a modification to reduce your child support obligation 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.
How can I get my ex to pay more child support?
Just as your ex can ask the court to lower the child support obligation, you can ask the court to increase the child support obligation by filing a modification. The amount of child support your ex has to pay is based on his income. A person’s income often increases over time, which can make him subject to a modification. Additionally, the court can modify the child support obligation if the circumstances of the child or person affected by the order have materially and substantially changed.
How long do I have to wait to modify the child support I receive?
The court can modify the child support obligation, including health-care coverage, if (1) the circumstances of the Obligor (person who pays child support) have materially and substantially changed; or (2) it has been 3 years since the last Order AND the amount of the child support award would differ by either 20% or $100 from the amount that should be paid pursuant to the child support guidelines.
Is the child support awarded always set by the child support guidelines?
Not necessarily, a Texas court can consider other factors to set child support above or below the child support guidelines. Here are a few examples the court can consider: the age of the child, costs incurred to exercise visitation, and extraordinary health or education expenses for the child.
I am owed child support, what can I do?
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 is also possible to freeze bank and retirement accounts, place the nonpaying parent in jail for failure to pay child support, and sell real and personal property after obtaining a judgment for unpaid child support.
My children are no longer minors; can I still collect unpaid child support?
Yes. In Texas, there are no time limitations to collect unpaid child support. You can collect any unpaid child support even if your children are 20, 30, or 40+ years old.
Contact Us For Answers
Talk to an experienced San Antonio child support attorney. Contact us, child support lawyers Megan, Brandon and Karen about your specific concerns.
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