San Marcos Child Support Lawyer

Attorney Helping Parents Create or Modify Child Support Orders in San Marcos, TX

Whether parents live together or apart, they can take steps to ensure that their children will be able to maintain financial security. When a couple separates, child support can make sure children's needs will continue to be met in both homes. For a parent who receives child support, these payments can help ensure that they will be able to pay rent, buy groceries, and cover other expenses. For a parent who pays child support, the amount that is required each month can have an impact on their household budget. Because the stakes are high on both sides of these cases, getting the details right is essential.

At Hill Family Law, our family law attorney helps parents address child support issues, from establishing an initial order to collecting past-due payments or making adjustments based on new circumstances. He can make sure the state guidelines for child support are followed correctly, and he can provide guidance on enforcement procedures or other matters that parents may encounter.

Why Child Support Is Required in Many Family Law Cases

Parents have a legal duty to provide for their children, address their ongoing needs, and pay for various expenses. Child support payments can make sure children will have the proper food, clothing, shelter, medical and dental care, and education. Family courts have the authority to order parents to pay ongoing support to meet these needs.

Child support is meant to cover the ordinary costs of raising a child. These include a share of housing and utilities, groceries, clothing and shoes, school supplies and fees, transportation, and everyday personal items. The parent who receives support is not required to account for how child support is used to address children's needs, but the payments are intended to benefit the child.

How the Amount of Child Support Is Determined

When calculating child support, the amount that will be paid will be based on the paying parent's monthly income and other financial resources that may be available to them. Courts will review the income a person earns from all sources, including their wages, income earned as the owner of a business, income earned from real estate property rented to tenants, and certain types of government benefits. Taxes and other expenses will be subtracted to determine the person's total monthly net resources.

A percentage is applied to a parent's net resources to determine how much child support they will pay. The specific figure will depend on how many children the parent is supporting. For a single child, they will be required to pay 20 percent of their net monthly resources. For each additional child, 5 percent is added to the figure. A parent will be required to pay 40 percent of their net income for five children and at least 40 percent if they have more children.

Certain other expenses may also affect the amount of child support a parent pays. Health insurance costs may be added to child support, and dental insurance or other costs related to medical, dental, or mental health care may also be included. Other expenses to address may include child care while a parent is working or the costs involved in children's extracurricular activities.

Enforcing Child Support Orders

When a parent stops paying child support, the other parent can take steps to obtain any past-due amounts. Many child support orders include terms that allow for income withholding in which a parent's employer will deduct payments from their wages. If child support cannot be recovered through wage garnishment, a parent can file a motion for enforcement with the court.

When a parent has not kept up with child support payments, they may face serious consequences, including:

• Interest on Arrears: When child support goes unpaid, interest will be added to the amount owed, and the debt will continue to grow.
• Contempt of Court: A judge can hold a parent in contempt for their refusal to pay child support, and they may order the parent to pay fines or sentence them to serve time in jail.
• License Suspension: A person's driver's license or professional license may be suspended, which can limit their daily activities and place restrictions on their life until they pay the amount owed.
• Liens and Levies: Child support liens can be placed on real estate property or vehicles. A court may also take steps to seize funds from a person's bank accounts.

When Child Support Can Be Modified

During the time between when a child support order is created and a child reaches adulthood, the lives of multiple family members may change. These changes may be significant enough to require an update to child support. Examples include a significant pay increase or decrease, a permanent disability that affects a parent's ability to work, a change to child custody in which a child will be living with a different parent most of the time, or changes related to the costs or availability of health insurance.

A parent can file a request with the court to modify child support, and they will need to show that changes in circumstances are substantial enough to warrant a modification. However, a modification will only go into effect after the other parent receives notice of the request or after a court issues an updated child support order. When a parent has lost their job or experienced other issues that could affect child support, it is important to act quickly to request a modification. Our lawyer can provide the representation needed to ensure that modification requests will be handled correctly.

Contact Our San Marcos, Texas Child Support Attorney

The financial support children receive will provide for their well-being. Taking steps to calculate child support correctly, request modifications when appropriate, or enforce a parent's obligations can help ensure that children's best interests will be protected. At Hill Family Law, our attorney can help establish child support and address other related issues. Contact our San Marcos, TX child support order lawyer at 830-229-2129 to set up a free consultation.