Support

Support

Issues with how much and who is paying will always become hot button topics when a couple with children end up going through a divorce. The financial well being of the children is a major concern that we help couples deal with every single day. 

From who will have full custody or pay for health care to how the child support is paid we have the skill, knowledge and experience in local courts to help you quickly resolve your support issues.

Whether you are the custodial or non custodial you need to take the financial well being of the children serious.

Support

Issues with how much and who is paying will always become hot button topics when a couple with children end up going through a divorce. The financial well being of the children is a major concern that we help couples deal with every single day. 

From who will have full custody or pay for health care to how the child support is paid we have the skill, knowledge and experience in local courts to help you quickly resolve your support issues.

Whether you are the custodial or non custodial you need to take the financial well being of the children serious.

We Offer Free Support Consultations Monday Through Sunday, 8am to 10pm

Issues a San Antonio Attorney can help you with:

Enforce: If your ex is not paying, we can help you enforce payments with garnishments, liens & by asking the court to find your the non custodial parent in contempt.

Modify: Has the non custodial’s income change, then we can help you modify your support order through a court order review.

Terminate: Are the children now living with the non custodial parent full time, then we can help you modify support & custody order.

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

We Offer Free Support Consultations Monday Through Sunday, 8am to 10pm

Issues a San Antonio Attorney can help you with:

Enforce: If your ex is not paying, we can help you enforce payments with garnishments, liens & by asking the court to find your the non custodial parent in contempt.

Modify: Has the non custodial’s income change, then we can help you modify your support order through a court order review.

Terminate: Are the children now living with the non custodial parent full time, then we can help you modify support & custody order.

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

1 child 20% of net resources 2 children 25% of net resources

3 children 30% of net resources 4 children 35% of net resources

5 children 40% of net resources 6+ children not less than the amount for 5 children

1 child 20% of net resources 2 children 25% of net resources

3 children 30% of net resources 4 children 35% of net resources

5 children 40% of net resources 6+ children not less than the amount for 5 children

Support is usually part of your child custody order which is Court ordered by a family law judge , making child support required & not an option. For this reason when financial situations change you should always consult with a skilled legal professional right away.

We represent both the custodial and non custodial parent plus able to answer all of your questions about child support.

Support is usually part of your child custody order which is Court ordered by a family law judge , making child support required & not an option. For this reason when financial situations change you should always consult with a skilled legal professional right away.

We represent both the custodial and non custodial parent plus able to answer all of your questions about child support.

Establish The Court Order For Support

Establishing a court order for financial support of the children is usually put in place during the divorce process. Many times parents will separate without legally ending the marriage leaving many single parents wondering where to turn to.

I’m happy to say that we can help you establish your court order. We have same day appointments, evening appointments and we are always open on the weekends. You will need to spend around 45 minutes discussing various options and game planning with your San Antonio Attorney. This is when you get all of your questions answered or concerns addressed.

I have handled almost every single support issue you can think of. I’m considered a top litigator, so if your ex wants to fight I am prepared.

Establish The Court Order For Support

Establishing a court order for financial support of the children is usually put in place during the divorce process. Many times parents will separate without legally ending the marriage leaving many single parents wondering where to turn to.

I’m happy to say that we can help you establish your court order. We have same day appointments, evening appointments and we are always open on the weekends. You will need to spend around 45 minutes discussing various options and game planning with your San Antonio Attorney. This is when you get all of your questions answered or concerns addressed.

I’m happy to say that we can help you establish your court order. We have same day appointments, evening appointments and we are always open on the weekends. You will need to spend around 45 minutes discussing various options and game planning with your San Antonio Attorney. This is when you get all of your questions answered or concerns addressed.

I have handled almost every single support issue you can think of. I’m considered a top litigator, so if your ex wants to fight I am prepared.

Support Is Law Not an Option

How Is It Support Calculated

In a Texas divorce or custody case, the Family Code uses a formula based on several definitions enacted by the Texas Legislature to calculate child support. But judges have discretion when the facts presented warrant a different outcome. First, the definitions of earnings is very broad. It includes any payment to or due an individual, regardless of the source. Disability and retirement benefits, lump sums, independent contractor payments, bonuses and interest income are included in this definition.

After earnings are determined and the gross monthly amount is found, next the court looks at the disposable earnings of the person. The court can exclude certain mandatory deductions such as federal and state income taxes, Social Security and Medicare withholding, union dues and nondiscretionary retirement contributions. Health insurance for the ren of the person paying is also excluded.

How Is It Support Calculated

In a Texas divorce or custody case, the Family Code uses a formula based on several definitions enacted by the Texas Legislature to calculate child support. But judges have discretion when the facts presented warrant a different outcome. First, the definitions of earnings is very broad. It includes any payment to or due an individual, regardless of the source. Disability and retirement benefits, lump sums, independent contractor payments, bonuses and interest income are included in this definition.

After earnings are determined and the gross monthly amount is found, next the court looks at the disposable earnings of the person. The court can exclude certain mandatory deductions such as federal and state income taxes, Social Security and Medicare withholding, union dues and nondiscretionary retirement contributions. Health insurance for the ren of the person paying is also excluded.

But the formula is not quite that simple. The payment amount is based on net resources. That amount derives from looking at the gross monthly wages of the paying parent but applying a tax rate of a single individual, claiming one exemption and the standard deduction. So a parent who is remarried with another kid/kids cannot look at her W-2, where she claims 4 deductions, and accurately calculate her payment obligation for her child from her prior marriage, without knowing the formula. Additionally, although the percentage per child is straightforward when neither party has other children: 20% for 1; 25% for 2; 30% for 3 and 35% for 4; if either party has a legal duty to pay for other children, there are adjustments made to the formulas. And stepchildren do not count.

But the formula is not quite that simple. The payment amount is based on net resources. That amount derives from looking at the gross monthly wages of the paying parent but applying a tax rate of a single individual, claiming one exemption and the standard deduction. So a parent who is remarried with another kid/kids cannot look at her W-2, where she claims 4 deductions, and accurately calculate her payment obligation for her child from her prior marriage, without knowing the formula. Additionally, although the percentage per child is straightforward when neither party has other children: 20% for 1; 25% for 2; 30% for 3 and 35% for 4; if either party has a legal duty to pay for other children, there are adjustments made to the formulas. And stepchildren do not count.

Health insurance premiums paid by the paying parent are deducted from the payment. If the paying parent does not provide health insurance, the premium is added on to the financial obligation.

Speaking with a San Antonio Attorney like myself is always your best option when trying to resolve issues with child support.

Health insurance premiums paid by the paying parent are deducted from the payment. If the paying parent does not provide health insurance, the premium is added on to the financial obligation.

Speaking with a San Antonio Attorney like myself is always your best option when trying to resolve issues with child support.

Increase or Decrease Support Payments

How can your court order be adjusted after finalizing your divorce? The Texas Family Code states two grounds for modification: a material and substantial change in circumstances of either parent or the children since the date of the last order; or it has been 3 years since the last order and the new amount will differ by at least 20% or $100 monthly in accordance with the state guidelines. This standard applies for increases or decreases in payment amounts.

Besides paystubs, what can be used to justify a modification? For an increase, look at how the needs of the children have changed. For example, 13 year olds eat a lot more than 9 year olds; they wear adult size clothing and their activities cost more. Go behind the paystub to see whether the parent contributes more than the required minimum to retirement programs. Check the withholding the Family Code does not calculate payments based on what a person chooses to claim on their W-4 form but on what a single person claiming one exemption and standard deduction would have withheld for federal income taxes.

Increase or Decrease Support Payments

How can your court order be adjusted after finalizing your divorce? The Texas Family Code states two grounds for modification: a material and substantial change in circumstances of either parent or the children since the date of the last order; or it has been 3 years since the last order and the new amount will differ by at least 20% or $100 monthly in accordance with the state guidelines. This standard applies for increases or decreases in payment amounts.

Besides paystubs, what can be used to justify a modification? For an increase, look at how the needs of the children have changed. For example, 13 year olds eat a lot more than 9 year olds; they wear adult size clothing and their activities cost more. Go behind the paystub to see whether the parent contributes more than the required minimum to retirement programs. Check the withholding the Family Code does not calculate payments based on what a person chooses to claim on their W-4 form but on what a single person claiming one exemption and standard deduction would have withheld for federal income taxes.

Self employed individuals present unique challenges for increases or decreases. For those seeking a reduction, be prepared to hire a skilled San Antonio Attorney to show that the tax return is an actual reflection of what is earned and not just creative accounting. Bank statements illustrate the expenses of a business much better than the year end summary.

Federal law requires the AG to advise both parties to a court order of the right to an adjustment every three years. However, waiting for the AG office to schedule a review conference can take over six months.

Whether you need an increase or decrease, contact us today to aggressively move your case forward and get your modification in place soon.

Self employed individuals present unique challenges for increases or decreases. For those seeking a reduction, be prepared to hire a skilled San Antonio Attorney to show that the tax return is an actual reflection of what is earned and not just creative accounting. Bank statements illustrate the expenses of a business much better than the year end summary.

Federal law requires the AG to advise both parties to a court order of the right to an adjustment every three years. However, waiting for the AG office to schedule a review conference can take over six months.

Whether you need an increase or decrease, contact us today to aggressively move your case forward and get your modification in place soon.

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