San Marcos Child Support Lawyer

Established Child Support Lawyer Advocating for Parents in San Marcos, TX

Whether parents live together or apart, they can plan for their children's financial needs. When a couple separates, child support can contribute to meeting children's needs in both homes. For a parent who receives child support, these payments can help with rent, groceries, and 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.

San Marcos, Texas attorney, Matthew J. Hill, 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 apply the Texas child support guidelines and 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 contribute to children's 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 percentage begins at 20 percent for one child and increases by five percentage points for each additional child, up to 40 percent for five children. The guideline percentages apply to net resources up to $11,700 per month and are reduced when the paying parent supports children in more than one household.

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. Income withholding is generally required in every child support order so that a parent's employer deducts payments from wages. If withholding does not recover the amount owed, 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 may seek a modification after a material and substantial change in circumstances, or when three years have passed since the order was rendered or last modified and the guideline amount would differ by 20 percent or $100 per month. A modification can apply only to payments due after the earlier of the date the other parent is served or the date that parent appears in the case. 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 prepare and present modification requests based on the circumstances and applicable law.

Contact Our San Marcos, Texas Child Support Attorney

The financial support children receive will provide for their well-being. Calculating child support, requesting modifications when appropriate, and enforcing a parent's obligations can help address children's financial needs and best interests. At Hill Family Law, PLLC, 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.