Child Support Attorneys in San Antonio, TX

Child Support Attorney

San Antonio Child Support Attorney

San Antonio child support attorney Jennifer Espronceda helps San Antonio families establish, enforce, and modify child support payments that respect current financial circumstances while still focusing on what’s best for the children.

At Espronceda Law, we understand how challenging it can be for non-custodian parents to navigate child support issues without any legal assistance. Our attorney works closely with you to help you protect your child support rights.

Our law firm can prepare personalized strategies to help every client reach a favorable child support agreement. We make sure that you understand all your child support obligations and get comprehensive representation throughout the process.

Our attorneys work diligently on your child support case, empowering you to tackle the challenges and complex procedures with confidence. If you are clueless about how to deal with the legal process, opt for our initial consultation before you hire our legal services.

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What is Child Support?

The office of the Attorney General defines a child support order as the amount of child, medical, and dental support a non-custodial parent must pay each month. Such orders also address conservatorship (custody) and possession and access time (visitation) in Texas.

Child support is necessary regardless of whether or not the couple is (or was) married. According to Texas law, when two people have a child together, the non-custodial parent pays child support. Under this law, the term “parents” generally refers to the biological mother and their spouse or partner or an adoptive parent.

The child support guidelines in Texas take several factors into consideration, including:

  • The monthly resources of each parent
  • The number of children a parent is supporting
  • Whether alimony is being paid
  • The type of child custody order in place

The court may also consider additional factors, such as the unusual needs of the child or the ability of the parent to pay more or less, while setting child support. Whether you are seeking child support or need to pay it, the advice and counsel of a skilled attorney can help your case.

No matter how unique your situation is, San Antonio child support lawyer Jennifer Espronceda can help you reach a fair settlement and find the best solution for the child.

san antonio tx divorce lawyer

A child support attorney can serve as a true advocate. My goal is to:

  • Negotiate payments and modifications that are fair to everyone involved.
  • Find practical, creative solutions to child support disputes.
  • Deliver individualized service and support that’s unique to your needs.
  • Provide expert legal advice and representation throughout the entire process.

Child support cases are not as simple as they look. Our experienced attorneys can efficiently represent your case and ensure that the adjustments are as fair to you as possible. Since many elements of a child support case are negotiable, you need an experienced San Antonio child support attorney who can help you get the outcome that is in the best interest of you and your child.

Child Support

How Child Support Is Calculated in Texas

In Texas, the child support amount is calculated based on legal guidelines and set formulas. You can use the Texas Attorney General’s monthly child support calculator as a guide to understand what compensation you are entitled to. Although the entirety of Texas law is complex, there are basic factors to consider.

Read About Basic Factors For Calculation

  • The courts can order either parent or both to provide financial support to a child, even if their parental rights have been terminated.
  • A certain child support amount must be provided until the child reaches the age of 18 or graduates high school, unless the child is medically dependent.
  • The child support orders may decide periodic, lump, or annual payments or any combination of the three.
  • The courts can order payments to be made automatically through the withholding of income.
  • Any parent paying child support is known as the “obligor.”

Child Support Modifications in Texas

Child support payments are not set in stone and can often be modified if financial, living, or family circumstances change. The Texas Attorney General’s site outlines the child support modification process and how to qualify for a modification.

If the court order was established or last modified more than three years ago, you may be eligible for a review of your payment plan. Much can change in three years, and it never hurts to get an order reviewed to see if an adjustment can be made.

If your current amount of the child support payments would change by 20% or $100 based on the child support guidelines, you should consider a modification. For example, let’s say that your monthly income was $3,600 when the order was set, and you were paying $1,080 in child support for three children. However, you were recently laid off and had to take a position with a substantially lower salary of $2,800 a month. Based on the standard child support calculations, this would lower your child support amount by several hundred dollars, making you eligible for a review and possible modification.

Child Support Modifications

Read About The Child Support Calculation Formula:

The actual child support amount is calculated based on the obligor’s net income and the number of children being supported.

Net income is calculated by taking the obligor’s monthly income and subtracting:

  • Social security taxes.
  • Federal income taxes.
  • Health insurance coverage for the children (if it’s being withheld from the obligor’s paychecks).
  • Union dues (if they’re being withheld from the obligor’s paychecks).

Once the net income is calculated, a percentage will be applied based on the number of children being supported.

  • 1 Child = 20%
  • 2 Children = 25%
  • 3 Children = 30%
  • 4 Children = 35%
  • 5 Children = 40%
  • 6+ Children = Not less than the amount for five children

For example, if your net monthly income, after deductions, is $2,300 and you have two children to pay child support for, your child support payments will be 25% of $2,300, or $575.

Ultimately, the courts have the authority to establish child support payment amounts, but these child support guidelines and calculations are generally followed.

Read About Criteria For Modification Changes:

Finally, if there has been a material or substantial change in circumstances since the child support order was entered, you may qualify for a modification. A material or substantial change can be:

  • The non-custodial parent is now legally responsible for additional children.
  •  The children’s medical insurance coverage has changed.
  • The children are now living with a different parent.
  • The non-custodial parent’s income has increased or decreased.

A child support lawyer can help ensure that the payment increase is financially reasonable and provides for the children’s needs.

Child support order modifications can happen in one of the following two ways:

  • The Child Support Review Process (CSRP), otherwise known as an in-office negotiation
  • A court hearing

Understanding the Role of a Child Support Lawyer

 

The issue of child support is usually the biggest concern that arises during a divorce. However, many people in Texas believe that they do not need a lawyer to help them with child support orders. What they do not realize is that the office of the attorney general does not advocate for individuals. As a result, a significant number of parents need to agree to a settlement that isn’t exactly favorable.

The best child support attorney in San Antonio, Jennifer Espronceda, ensures that all the crucial details regarding the case are considered. She also makes sure that the child support formula is calculated accurately in every case that she handles. Even if your partner’s legal representation tries to introduce false information or stretches the truth, she is experienced enough to anticipate the moves. Count on the San Antonio child support lawyer to protect your child’s best interests and your own.

Why Choose Our Child Support Attorneys at Espronceda Law Firm?

 

Jennifer Espronceda founded this law firm more than a decade ago to provide legal guidance to the people of San Antonio (TX) on family law matters. Over the years, the firm’s child support attorneys have worked on numerous cases, helping clients get the best possible outcomes.

The experience has allowed every lawyer in the firm to develop a clear understanding of all the possibilities regarding child support issues. This enables our lawyers to counsel and represent clients with a foolproof strategy to get the best possible solution to their child support needs.

Whether we need to negotiate with your ex-spouse or represent your case at a child support hearing, we will take all the necessary steps to fight for your rights and deliver the results you need. We work closely with you and listen to all your concerns. We then prepare a strategy for your legal representation to match your specific needs.

While our San Antonio child support attorneys often rely on past successes in cases similar to yours, they always adjust the strategy to match the requirements of the case at hand. We can guide you through the case and provide all the necessary advice on what options are available to you. However, you are always in charge of how to proceed with the case.

Typically, a CSRP is scheduled first so both parents can meet and attempt to negotiate modification terms that they agree to. If a mutual agreement can’t be made, a court hearing will be scheduled, and a judge will issue a new order.

In either case, a San Antonio child support attorney can be present to represent you, speak on your behalf, and help you negotiate fair terms.

FAQs About Child Support in San Antonio, TX

Q: What if a parent fails to pay child support?

Texas does not take unpaid child support payments lightly. In fact, Texas enforces and collects more child support payments than any other state. Failure to back child support may result in withheld earnings, withheld tax returns, suspension of driver’s license, freezing of bank accounts, and even jail time. Our child support enforcement page covers important tips on how to enforce payments.

Q: What is the Federal Parent Locator Service?

The FPLS is an arm of the federal government’s Department of Health, Education, and Welfare. It helps track noncustodial parents across state lines so the payment of the child support amount can be enforced, even under difficult circumstances.

Q: Are child support orders still in effect after the child turns 18?

Once a child turns 18 or graduates from high school, whichever occurs later, they are considered legal adults, and child support payments will no longer be ordered. However, if the non-custodial parent owes backpay for past payments, they will still have to make those payments until they’re caught up.

Q: Can visitation be denied if child support payments are not made?

The focus of family law is to do what’s best for the child, so financial support and visitation rights are two separate issues. If a non-custodial parent fails to make timely child support payments, they may still retain their right to visit their children. Consult an expert with legal specialization to tackle such issues.

Q: How can I enforce child support payments from a parent who is not paying?

Failure to pay child support carries some of the strictest penalties in the Family Code. An experienced trial attorney like Jennifer Espronceda knows how to successfully prosecute child support enforcement cases. Jennifer is also skilled in dispute resolution and can help resolve these high-stakes cases through negotiation before taking the child support case to trial.

Child support and family law should always be about what’s best for the children, but parents’ financial circumstances are important as well. Jennifer Espronceda can help you enforce, modify, and negotiate child support payments that work best for everyone involved.