Child Support Attorney in San Antonio
Comprehensive Legal Guidance for Child Support Cases
One of the most contentious areas of divorce cases and family law involves child support payments. The Texas Family Code stipulates that one or both parents must provide financial support until the child turns 18, graduates from high school, or becomes emancipated by the court. Even so, child support issues can quickly become challenging to navigate without legal guidance.
No one wants to deal with a long-drawn-out custody battle or never-ending court dates. For these reasons, Bergmann Law Firm, PLLC, is dedicated to helping parents handle their child support needs so they can focus on co-parenting.
If you have questions about child support payments, contact our law office today to schedule a free, initial consultation to learn more about our legal services.
How is Child Support Calculated in San Antonio, Texas?
The state uses a set formula outlined in the Texas Family Code to determine child support payments. The amount of child support a non-custodial parent must pay is based on their net monthly resources, not their gross income. The calculation includes financial resources such as wages, bonuses, self-employment income, investments, Social Security, union dues, and unemployment or disability benefits, minus taxes and the child’s health insurance, to determine net monthly resources.
Once net resources have been determined, the court then applies a percentage based on the number of children involved to determine the child support obligation, which includes:
- One child: 20%
- Two children 25%
- Three children, 30%
- Four children, 35%
- Five or more children 40%
Texas also imposes a cap on net monthly resources when the paying parent earns more than $11,700 per month, and the percentage is applied only to that amount.
What Happens if the Other Parent Fails to Pay Child Support?
Texas family law and Bexar County judges strictly enforce child support payment obligations. When a parent fails to pay their child support, several enforcement actions can be taken, including:
- Driver’s license suspension. Professional licenses, and those for hunting and fishing, may also be suspended or denied renewal
- Seizure of IRS or state income tax refunds
- Wage garnishment and money seized from bank accounts
- Liens on bank accounts, homes, and vehicles
- Passport applications denied
Court-Ordered Penalties
Because child support orders are also court orders, Texas judges can impose penalties for failing to pay child support. Some of the most common penalties imposed include civil fines or jail time. In extreme cases, a judge could order a parent who fails to pay child support to serve up to 30 days in jail. If the non-custodial parent fails to appear in court, the judge can also issue a warrant for their arrest.
Can a Parent Be Denied Visitation if They Do Not Pay Child Support?
Many parents who do not receive payments are often unsure if they can deny the other parent visitation for unpaid child support. Texas law does not allow a custodial parent to deny visitation to the non-custodial parent because the non-custodial parent is not paying their child support obligation.
Texas family law views visitation as a child’s right, and preventing them from spending time with the other parent is considered harmful to their well-being. Parents who try to deny visitation because of unpaid child support could find themselves in legal trouble with the courts, which can impose penalties or allow the other parent to spend more time with the child.
The most effective solution is to seek legal help from a qualified San Antonio child support lawyer who can help you file a motion to enforce the child support order. In many instances, the court will order a wage garnishment or hold the non-custodial parent in contempt of court for failure to pay their child support obligation.
When Can a Child Support Order Be Modified?
Texas family law allows child support orders to be modified if there is a material and substantial change in circumstances. The changes must have a significant bearing on the paying parent’s ability to pay or the custodial parent’s need for child support.
Some of the conditions that qualify include:
- Loss or Increase in Income: Unemployment, disability, a significant raise in pay, or new financial resources for either parent.
- Changes in Custody or Visitation Schedules: A significant adjustment in the time spent with one parent or a change in child custody.
- New or Increased Child Needs: Changes in a child’s educational, medical, or emotional needs that require more financial assistance.
- New Parental Responsibilities: A parent has other children from a different relationship or increased family obligations.
- Parent Relocation: A parent moves out of the area.
Three-Year Rule
If it has been three years or more since the original child support agreement was determined, you can request a modification. Even so, the current amount must be at least 20% or $100 different from what it would be if recalculated.
The legal process for modifying child support can be challenging to navigate without assistance and is best handled with a San Antonio child support attorney.
How Paternity Affects Child Support Obligations in San Antonio
Before a Texas court can issue a child support order against a father, legal paternity must be established. For married couples, paternity is presumed automatically. However, when parents are unmarried, establishing paternity is a necessary first step before one parent can be required to pay child support or the other parent can collect unpaid child support.
Paternity can be established voluntarily when both parents sign an Acknowledgment of Paternity at the hospital or afterward through the Texas Vital Statistics Unit. When the alleged father disputes paternity, the court can order genetic testing to determine biological parentage. Once results confirm the relationship, the court moves forward with establishing child support obligations, custody, and visitation arrangements.
Establishing paternity benefits everyone involved. For the child, it creates a legal right to financial support, health insurance coverage, and access to benefits like Social Security and veterans’ benefits. For the father, it establishes legal standing to seek custody or visitation rights. A San Antonio child support attorney at Bergmann Law Firm can guide unmarried parents through the paternity process and ensure that the resulting child support order reflects the financial responsibilities of both parents and the best interests of the children involved.
If you’re an unmarried parent in the San Antonio area with questions about how paternity affects your child support case, contact our law office at 210-759-4336 to schedule a free consultation.
What San Antonio Parents Should Know About Back Child Support and Arrears
When a non-custodial parent falls behind on child support payments, the unpaid amount doesn’t simply disappear. Texas law treats owed child support as a legal debt that accumulates over time, and the consequences of non-payment grow more severe the longer the arrears remain outstanding. Understanding how back child support works can help both the paying parent and the custodial parent protect their rights.
Interest accrues on unpaid balances. Under the Texas Family Code, unpaid child support accrues interest at a rate of 6% per year. Over months or years of non-payment, this interest can add thousands of dollars to the total amount owed, making it increasingly difficult for the paying parent to catch up.
Arrears survive beyond the child turning 18. Many parents mistakenly believe that child support obligations end entirely when the child reaches adulthood. While current support payments may stop, any back child support that accumulated before that date remains a legally enforceable debt. Texas courts can continue enforcement actions, including wage garnishment and property liens, until the full balance is paid.
Payment plans may be available. A San Antonio child support lawyer can negotiate a structured payment plan with the court that allows the paying parent to address arrears over time rather than facing an immediate lump-sum demand. This approach can help avoid jail time and other legal penalties while demonstrating good faith to the court.
Contact Bergmann Law Firm, PLLC to Assist You With Your Child Support Issues
Child support orders can be challenging for all parties involved, and courts will always make decisions based on what is in a child’s best interests. Bergmann Law Firm, PLLC has extensive experience helping clients enforce child support orders, establish paternity, or represent them in child support hearings.
Our dedicated child support lawyer and legal staff are committed to helping you protect your family’s future and are committed to finding solutions that meet all parties’ needs. Regardless of what side of the issue your case may fall on, our team of legal professionals is here to help.
If you have questions or are ready to get started on your child support case, contact our law office today at 210-759-4336 to schedule a free consultation.
Frequently Asked Questions About Child Support in San Antonio
San Antonio parents navigating child support issues often have questions that go beyond the basics of how payments are calculated. A San Antonio child support attorney can provide legal guidance tailored to your situation, but understanding the answers to these common questions can help you make informed decisions early in the process.
Can child support cover education expenses? Texas law does not automatically include private school tuition or extracurricular activity costs in standard child support calculations. However, parents can agree to include these expenses in their child support order, or a San Antonio child support lawyer can petition the court to consider them if the children involved have specific educational needs that require additional financial support.
Does overtime or bonus income affect child support? Yes. Texas courts consider all income earned when calculating net monthly income, including overtime, bonuses, commissions, and self-employment earnings. If the paying parent’s income fluctuates significantly, a San Antonio child support attorney can help ensure the calculations accurately reflect their financial resources.
Can the attorney general enforce my child support order? The Texas Attorney General’s office does have the authority to assist with child support enforcement, including wage garnishment and license suspension. However, many San Antonio parents find that working directly with a child support attorney provides more personalized attention and faster results, particularly in complex cases involving unpaid child support or disputes about the child support amount.
Contact Bergmann Law Firm at 210-759-4336 for an initial consultation to discuss your child support needs.