Child Custody & Support

Child Support Attorneys

Child Support Is Not An Option, It’s Required By Law

Every parent wants to ensure that his or her children have the things they need in life: a safe home, a good school, and the ability to develop their unique talents and skills. Adequate financial support is essential to meeting these needs. Our San Antonio child support lawyers fight to make sure your child receives these essentials.

We help mothers and fathers get child support orders that are fair, reasonable, and appropriate to the needs of their children. Child Support is a serious obligation, if you have concerns, need to establish, modify an order or start withholding child support call (210) 299-4777 for a free consultation.

In addition to the initial step of securing child support I also assist parents who need to:

  • Establish an order
  • Modify an existing court order because of changing financial conditions or the changing needs of a child
  • Get help with Collection and
    Termination of a child support order

Guidelines

In Texas, as in other states, the amount of Child Support a parent will pay is largely defined by the Texas child support guidelines and the amount of time the child is in each parent’s custody.

San Antonio Child Support Attorney to document for the court why there should be a deviation in the order.

Contact Us Now If Need To Deviate From Your Child Support Order?

When the needs of the child require it. Some common examples are: a) a child with a medical condition that requires ongoing treatment or b) a child with learning disabilities who needs tutoring or special schools.

Other issues in Texas:

* Parenting
Child Custody
* Mediation
* Miscellaneous
* Property Division
* Alimony or Spousal Support

The stakes are simply too high. Allow me to bring your case forward. This will protect you should the other parent later claim that you did not pay.

Child Support

Child Support Is Not An Option, It’s Required By Law

Every parent wants to ensure that his or her children have the things they need in life: a safe home, a good school, and the ability to develop their unique talents and skills. Adequate financial support is essential to meeting these needs. Our San Antonio child support lawyers fight to make sure your child receives these essentials.

We help mothers and fathers get child support orders that are fair, reasonable, and appropriate to the needs of their children. Child Support is a serious obligation, if you have concerns, need to establish, modify an order or start withholding child support call (210) 299-4777 for a free consultation.

In addition to the initial step of securing child support I also assist parents who need to:

  • Establish an order
  • Modify an existing court order because of changing financial conditions or the changing needs of a child
  • Get help with Collection and
    Termination of a child support order

Guidelines

In Texas, as in other states, the amount of Child Support a parent will pay is largely defined by the Texas child support guidelines and the amount of time the child is in each parent’s custody.

Judges do have some discretion to change the amount of the order, however, especially when parents have considerable financial assets or when the child has significant needs. It is the role of the San Antonio Child Support Attorney to document for the court why there should be a deviation in the order.

Contact Us Now If Need To Deviate From Your Child Support Order?

When the needs of the child require it. Some common examples are: a) a child with a medical condition that requires ongoing treatment or b) a child with learning disabilities who needs tutoring or special schools.

Other issues in Texas:

* Parenting
Child Custody
* Mediation
* Miscellaneous
* Property Division
* Alimony or Spousal Support

The stakes are simply too high. Allow me to bring your case forward. This will protect you should the other parent later claim that you did not pay.

Modification

Modification of Child Support

Both a non custodial parent or a custodial parent can seek a modification of a child support order.  If there has been a significant change in the circumstances of the parties, or if it has been three years or more since the last order, your child support order may qualify for a modification.

Calculated

How Will The Amount Of Your Court Ordered Payments Be Calculated

Section 154.061 provides charts to assist courts in establishing the amount of an order. These charts are applicable to employed and unemployed persons in computing net monthly income. The net resources are calculated from all sources of income, including:

  1. 100 percent of all wage and salary income and other compensation for personal services such as commissions, overtime pay, tips and bonuses;

  2. Interest, dividends, and royalty income;

  3. Self-employment income;

  4. net rental income (defined as rent after deducting operating expenses and mortgage payments);

  5. all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits other than supplemental security income, US Department of Veterans Affairs disability benefits other than non-service-connected disability pension benefits, unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.

Sections 154.066 and 154.068 state that if the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines mentioned above to the earning potential of the obligor. In the absence of evidence of a party’s resources the court shall presume that the party has income equal to the federal minimum wage for a 40-hour week to which the support guidelines may be applied.

Finally, Section 154.123 provides that the court my order periodic payments in an amount other than that established by the guidelines if the evidence rebuts the presumption that application of the guidelines is in the best interest of the child and justifies a variance from the guidelines. In determining whether application of the guidelines would be unjust or inappropriate under the circumstances, the court shall consider evidence of all relevant factors, including but not limited to:

  1. the age and needs of the child;

  2. the ability of the parent to contribute to the support of the child;

  3. whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person or a business entity; and

  4. special or extraordinary education, health care, or other expenses of the parties or of the child.

The basic guidelines based on the monthly net resources of the obligor are as follows:

1 child 20% of Obligor’s net resources

2 children 25% of Obligor’s net resources

3 children 30% of Obligor’s net resources

4 children 35% of Obligor’s net resources

5 children 40% of Obligor’s net resources

6+ children not less than the amount for 5 children

Gross monthly income minus

1. Social security taxes 2. Federal income taxes 3. Union dues 4. Health insurance premiums for the child/children.

The above calculation will provide the net resources available. The Net Resource figure is to be calculated as a monthly figure.

Application Of Guideline Percentages: The Net Resource figure (up to $6,000.00) will be multiplied by the guideline percentage. The needs of the child/children justify doing so.

Court can set the child support above the guideline number if the needs of the child/children justify doing so.

Child Custody

Child Custody Can Be A Heated & Emotional Issue

Any time a divorce proceeding involves children, it complicates matters. The relationship you develop with your former partner can greatly impact the development and mental health of your children. Our San Antonio child custody lawyers are here to help you navigate through the legal process of obtaining a custody resolution, and begin the healing process for you and your children to live a normal life.

We have declared, the needs of the children are of primary importance. Our child custody law firm’s goal is to create a win-win situation for parents so they can sustain a lifestyle where their children thrive.

We put my creative talents, experience and insight to use negotiating and developing child custody agreements and parenting schedules that work for families.

Our San Antonio child custody attorneys have extensive experience handling complex cases for couples with children, as well as helping parents with:

• Post-judgment modifications of child support  (application)
• Child custody and visitation agreements
• Enforcing grandparent rights to visitation

Ideally, it is preferable to handle these matters as privately as possible. For that reason, the collaborative law process may be a preferred method to develop and initial custody and visitation agreement or to negotiate a change in parenting plan.

We realize, however, that people cannot always reach an amicable resolution to Child Custody visitation issues, In such cases our child custody lawyers will stand ready to aggressively and zealously pursue their position in court.  It doesn’t matter if it’s establishment, enforcement, modification or an emergency custody hearing we have the legal expertise to vigorously fight for your rights.

If you were able to look into the lives of every divorced couple with children, you would in all likelihood discover that everyone has at one time or another experienced child custody issues.

Having these types of problems is at the very least uncomfortable for most and painful for many. Since our children are so precious to us, it is necessary that we learn how to handle these fragile situations with tact and diplomacy. Call to set up a free consultation with one of our custodial parent lawyers today.

Withholding Of Payments

Whether you obtain your order by way of divorce decree or suit affecting the parent child relationship, § 154.004 of the Texas Family Code states that the court shall order the payment to the State disbursement unit as provided by Chapter 234 of the Family Code. Section 154.007 of the Family Code states as follows:

  1. In a proceeding in which periodic payments are ordered, modified, or enforced, the court or Title IV-D agency shall order that income be withheld from the disposable earnings of the obligor as provided by Chapter 158.

  2. If the court does not order income withholding, an order for support must contain a provision for income withholding to ensure that withholding may be effected if a delinquency occurs.

  3. An order must be construed to contain a withholding provision even if the provision has been omitted from the written order;

  4. If the order was rendered or last modified before January 1, 1987, the order is presumed to contain a provision for income withholding procedures to take effect in the event a delinquency occurs without further amendment to the order or future action by the court.

Remember you can’t learn everything from a website, you should always speak in person with a skilled San Antonio Child Support Attorney. Basically, what this means is that Texas statute mandates that an income withholding order is to be rendered in every case, without exception. This does not necessarily mean that an income withholding order will be served on the obligor’s employer. It does mean that an income withholding order will be available in the courthouse file in every case without requiring a return to court.

Collection

Collection of benefits is something we take special pride in. Estimates are that thousands of children are due billions  & our we take the fight to dead beats across Texas  You have many options for help to choose from:

Collection issues, that residents of Texas have can be quite bewildering. It can get complex and sometimes people just quit searching for the answers. A good place to start would be to answer some frequently asked questions

Here is a question that is rarely brought up for sure. What happens if the person who is paying dies? Death is never a good thing. However even when the liable person dies, the legal obligation to the child does not die with them. It would be prudent to bring this up in the negotiation phase. Of course you need to have a competent legal team to represent you.

They can make sure that the other side prepares some sort of contingency plan to ensure that the payments do not stop even with the unfortunate death of the liable person.

Payment from the Liable Party

Another frequently asked question is, do I have to receive payment personally from the liable person? The answer in most all cases is no. You do not have to see the person to receive your payment. It is usually made to the court or the Texas Disbursement Unit. This benefits both parties. This is a matter of the court and not a personal matter. It doesn’t matter if both parties are getting along fine now it is a matter that is best handled by the court. There can be no misunderstandings or excuses made when the payment is made to the proper authorities.

Many people ask the question, how can I be sure that I will be paid? A valid question to be sure. In most all cases the other party has the amount deducted from their paycheck When it’s done this way it ensures a reliable way for you to receive the money and it also benefits them as well because there is a record of them paying and the amount they are paying as well. If the other parent is self employed other methods of payment can be worked out by the court and your legal team.

Final thoughts on Collection issues

This is by no means an all inclusive list of pertinent valid questions! These barely scratch the surface to be sure. This should get the wheels turning so to speak. The absolute main thing you need to do is contact a top notch law firm experienced in matters like this. They are the ones with the answers. They have pretty much seen or heard every situation or possible deceit that has come down the pike. They are the ones that can help you through this tough, emotional time.

Termination

Terminating court ordered financial support is a phrase that we don’t hear often but it’s an issue that many non custodial parents must deal with. Simple fact is that the Attorney General is very busy with thousands of cases & more often than not they will continue wage garnishments for months after the support payments were meant to stop.

We all know that it stops at 18 or graduation in Texas unless the order lays out different rules to be followed.  Whether you are the custodial parent or non-custodial parent terminating payments will have an impact on multiple lives other than the children. I can’t begin to tell you how many times each day we are called about terminating an order, to be honest its usually the custodial parent trying to determine what can be done to help with college expenses.

If college isn’t included in the order, the non custodial parent is not obligated by law to pay for college expenses. Sounds crazy doesn’t it, well you would be shocked to find out how many non custodial parents are adiment that their support is done and the custodial parent is responsible.

Terminating the court order often times does require a skilled San Antonio Child Support Attorney to straighten out the mess created by the attorney general.

Custodial Parent

The Custodial Parent Has A Large Responsiblity

Custodial Parent, Contrary to popular belief, the term “custody” does not refer to which parent has physical possession of a child. Instead, it has to do with the legal rights of the parents regarding the relationship with the children and is called “conservatorship.” Only one parent is appointed the “Primary Managing Conservator.” This is the person who has primary physical control and determines where the child will live. Our San Antonio custody parent lawyers can help take you through this confusing legal process to gain the rights you need to protect your child.

Texas courts presume that it is in the best interest of the child for both parents to jointly make decisions about medical, schooling, and other issues. Texas does not require that each parent share equal possession. The party who can choose the child’s residence, has majority possession, and possibly receives child support is the custodial parent.

Texas does not automatically presume that a child will live with the mother. A court will consider a number of factors -gender of parent is irrelevant- in determining which parent should have primary custody. Such factors include stability of residence, ability to provide physical care for the children, parenting abilities of each respective parent, etc. Typically, whichever parent assumed the role of primary caretaker following the dissolution of the marriage will retain majority possession. The custodial parent lawyers at B,B,R Law can help with this.

Unless otherwise specified by the court, the custodial parent must keep the non-custodial parent informed of all issues related to the children. This includes school related matters as well as medical. Texas courts presume that parents will act in the best interest of the children and cooperate in matters regarding their child, even if they cannot get along otherwise.

Typically the custodial parent is also the one who receives payments. The payment does not guarantee visitation with the children. However, lack of payment is not a reason to deny the non-custodial parent access to the children. Support and possession are two separate, unrelated rights and responsibilities. Failure to follow court orders can result in serious legal consequences. Talk with our custodial parent attorneys in San Antonio, TX today for a free case evaluation.

Non-custodial

Being A Noncustodial Parent Requires Patience & Discipline

Since the parent who has majority possession of the children is typically the custodial parent, the parent who the children does not live with is the non-custodial parent. The parent who does not have primary child custody is not without legal rights. However, the parent who does not have majority possession of the children is still entitled to make medical and legal decisions for the children. While they may not have the right to determine the children’s residence, the parent does have a right to negotiate limits on how far away the children may live. The non-custodial parent has an equal right to make decisions about a children’s schooling and may participate in school activities. If you feel like your rights as a non-custodial parent are being taken away, call the San Antonio noncustodial parent rights attorneys at B, B, R Law Offices.

Each parent is an important part of the children’s life and the court wants to ensure that, barring any safety concerns, each parent is actively involved with the children. The non-custodial parent has a right to spend time with the children as well as be informed as to the children’s whereabouts.  Even though a non-custodial parent does not share equal possession, they are entitled to play an equally important role in the children’s life. If the custodial parent is not giving you time with your child, speak with one of our non-custodial parent attorneys.

It is important to note that visitation cannot be withheld because one parent has not paid child support. Payment and visitation are not tied to one another. Alternatively, a parent may not stop payment of children support simply because the other parent has refused to let them see the children. Support and visitation and two separate, unrelated matters.

The non-custodial parent does not have fewer rights than the custodial parents; each simply has different responsibilities.  Either parent may initiate a proceeding to request modification of an existing order. Each parent has equal right to make medical decisions when the children is in their possession, but they must also notify the other parent in the event of an emergency. Just as the custodial parent has the right to make day-to-day decisions regarding the children, a non-custodial parent also has the right to direct the children’s moral and religious upbringing. Call today to set up a free consultation with one of our non-custodial parent rights lawyers today.

Emergency

An emergency hearing may be possible in your case

Emergency hearings can take place when there are situations that require immediate court attention and intervention. The safety and welfare of your children can be protected with an emergency hearing in some cases.

Enforcement

Enforcement of a child support order

If a parent who is obligated to pay child support has become delinquent in making child support payments, according to the court order, the custodial parent may file a suit to enforce the child support order.

Enforcement of possession and access

If a custodial parent is refusing to allow the non custodial parent to exercise possession and access pursuant to the court order, the non custodial parent may file a suit to enforce possession and access.

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