As San Antonio family lawyers, we understand that dealing with child support can be confusing and stressful. Whether you’re going through a divorce or you’re an unmarried parent, understanding child support laws is important for taking care of your children. In this blog, we’ll break down the key points of child support laws in San Antonio.
Don’t face these challenges alone – reach out to our San Antonio family lawyers today for expert guidance and support.
Who Pays Child Support?
In most cases, the parent who doesn’t have primary custody (the non-custodial parent) pays child support to the parent who does (the custodial parent). However, it’s not always that simple. Sometimes, a court might order both parents to pay support or contribute financially to the child’s needs. As your San Antonio family lawyers, we can help you understand how these rules might apply to your specific situation.
How is Child Support Calculated?
In San Antonio, as in the rest of Texas, child support is usually calculated as a percentage of the non-custodial parent’s net monthly income. Here’s a basic breakdown:
- 20% for one child
- 25% for two children
- 30% for three children
- 35% for four children
- 40% for five children
- At least 40% for six or more children
But remember, these are just guidelines. The actual amount can vary based on several factors.
What Factors Affect Child Support?
When determining child support, courts in San Antonio consider several factors:
- The child’s needs, including age, healthcare costs, and any special requirements
- Both parents’ income and resources
- Custody arrangements and how much time each parent spends with the child
- Child care expenses and costs for traveling for visitation
As your San Antonio family lawyers, we can help you understand how these factors might impact your child support case.
How Long Does Child Support Last?
Generally, child support payments in San Antonio continue until the child turns 18 or graduates from high school, whichever happens later. However, there are exceptions. For example, if the child has a disability, support might continue indefinitely. Our San Antonio family lawyers can explain how these rules apply to your situation and help you plan for the future.
Can Child Support be Changed?
Yes, child support orders can be modified under certain circumstances. These include:
- Significant changes in circumstances, like changes in income or the child’s needs
- If it’s been three years since the last order and the current amount differs by 20% or $100 from the guideline amount
- If both parents agree to a change
If you think your child support order needs to be modified, our San Antonio family lawyers can guide you through the process.
The Texas Family Code
As San Antonio family lawyers, we’re well-versed in the Texas Family Code, which governs child support laws. Here are some key sections you should know about:
- Section 154.001: This section outlines when child support ends. It’s typically when the child turns 18 or graduates high school, whichever is later. But there are exceptions, like if the child is disabled.
- Section 154.125: This part sets out the guidelines for calculating child support. It applies when the paying parent’s monthly net resources are below a certain amount.
- Section 154.003: This section gives courts options for how child support can be paid. It could be regular payments, a lump sum, or even setting aside property.
Knowing these laws helps us fight for your rights and your children’s needs.
What if There’s a Dispute About Income?
Sometimes, there might be disagreements about how much the paying parent earns. This can happen if someone is self-employed or has an irregular income.
Our San Antonio family lawyers know how to handle these situations. We can help gather the right documents and present a clear picture of income to the court.
How Does Shared Custody Affect Child Support?
If you have a shared custody arrangement, it can affect child support calculations. The amount of time each parent spends with the child is taken into account. Even if you have 50/50 custody, one parent might still need to pay some child support if there’s a significant difference in incomes. Our San Antonio family lawyers can help you understand how your custody arrangement might impact child support.
What if the Paying Parent Loses Their Job?
Job loss doesn’t automatically change a child support order. The paying parent would need to request a modification based on their change in circumstances. It’s important to act quickly in this situation and not just stop paying. Our San Antonio family lawyers can help you request a modification or deal with an ex-partner who’s stopped paying due to job loss.
Can Parents Make Their Own Child Support Agreement?
Yes, parents can agree on a child support amount outside of court. However, this agreement should be approved by a judge to make it legally binding. Even if you and your ex-partner are on good terms, having a court-approved agreement protects everyone involved. Our San Antonio family lawyers can help you draft an agreement that meets legal requirements and protects your children’s interests.
What if the Custodial Parent Refuses Visitation?
Child support and visitation are separate issues in the eyes of the law. A custodial parent can’t withhold visitation because of unpaid child support, and a non-custodial parent can’t withhold support because they’re being denied visitation. If you’re facing either of these situations, our San Antonio family lawyers can help you enforce your rights.
What if We Can’t Agree on Child Support?
If you and your ex-partner can’t agree on child support, the court will make a decision based on the Texas child support guidelines and the specific facts of your case. Our San Antonio family lawyers can represent you in court, presenting your case strongly to ensure the best outcome for your children.
Our San Antonio Family Lawyers Can Help
If you’re dealing with child support issues in San Antonio, don’t wait. Contact our experienced San Antonio family lawyers at 210-704-7904 today. We’re here to help you find the best solution for you and your children. Let us put our knowledge and experience to work for you and your family. Your children’s future is too important to leave to chance – let us help you secure it.