Texas Family & Divorce Laws

Child Support Modification Attorney

The parents of a legitimate child, especially the father, have a centuries-old obligation to support the child according to their financial ability.  This duty usually continues until the child reaches his or her majority.  Where the marriage falls apart, for whatever reason, the father’s legal obligation of support continues.  If he should desert his family and flee to another state, his wife should consult a lawyer for help in taking advantage of the Uniform Reciprocal Enforcement of Support Act.

Like custody modifications, making changes to a child support order requires another round in court.

As the non custodial parent’s income increases or decreases a modification to the current support order should be made.  A couple factors you should consider before starting the modification process are:

Will the increase in support justify your attorney fees?

Will the decrease in support justify your lawyer fees?   Should you force your children to go without?

If the increase or decrease in support will have a positive impact, you should consult with one of our child support modification lawyers immediately.

The support modification consultations at the Law Office of Arthur G. Augustine are free plus we offer them 7 days a week.

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)338-8225 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

Sometimes DNA testing is required to prove the parent of a child. Mothers and alleged fathers have different legal concerns when it comes to paternity. A potential father usually has two reasons for requesting paternity.  The first is to determine if he should pay child support and the second is to establish visitation or custody. A mother may wish to enforce a paternity test so the identity of the father is known and child support & visitations can be enforced.

In either case, paternity is a legal issue that affects families. I am a family law attorney, Board Certified in Texas, and I help both men and women in paternity matters. Contact my family law office to find out how my legal services can help you make positive decisions about the life of your child.

Paternity Services for Alleged Fathers

If you suspect you are the father of a child, DNA testing is the most effective way of proving parentage. Once the identity of a father is established, he can seek parental rights, including child custody and visitation. Additionally, a mother can enforce child support payments once the father’s identity is known.

As a board certified family law attorney, I provide legal services to men who are looking to determine parentage of a child through a DNA test. Once the identity of a father is established, I can assist in child custody, visitation, and child support matters.

Paternity Services for Mothers

I provide legal representation to single mothers looking to establish the identity of their child’s father. It can be hard to support a child on only one income. Once the identity of the father has been legally established, I work with mothers to enforce child support payments from the father.

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)338-8225 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

On the final disposition of a suit for divorce, for annulment, or to declare a marriage void, the court shall enter a decree changing the name of a party specially praying for the change to a prior used name unless the court states in the decree a reason for denying the change of name.  The court may not deny a change of name solely to keep last names of family members the same.

A person whose name is changed under this section may apply for a change of name certificate from the clerk of the court.

do not hesitate to call the San Antonio Attorneys at the law offices of Arthur G. Augustine at (210)338-8225 for a free consultation.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

The bureau of vital statistics shall prescribe a form for reporting divorces and annulments of marriage.  The form must require the following information:

each party’s:

• full name;
• usual residence;
• age;
• place of birth;
• color or race;  and
• number of children;

the date and place of the parties’ marriage;

the date the divorce or annulment of marriage was granted;  and

the court and the style and docket number of the case in which the divorce or annulment of marriage was granted.

The bureau of vital statistics shall furnish sufficient copies of the form to each district clerk.

When an attorney presents a final judgment for a divorce or annulment of marriage to a court for a final decree, the attorney shall:

• enter on the form the information required;  and
• submit the report to the district clerk with the final judgment.

Not later than the ninth day of each month, each district clerk shall file with the bureau of vital statistics a completed report for each divorce or annulment of marriage granted in the district court during the preceding calendar month.  If a report does not include the information required the clerk must complete that information on the report before the clerk files the report with the bureau.

For each report that a district clerk files with the bureau of vital statistics, the clerk may collect a $1 fee as costs in the case in which the divorce or annulment of marriage is granted.

If the bureau of vital statistics determines that a report filed with the bureau requires correction, the bureau shall mail the report form directly to an attorney of record with respect to the divorce or annulment of marriage.  The attorney shall return the corrected report form to the bureau.  If there is no attorney of record, the bureau shall mail the report form to the district clerk for correction.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

The judge of a district court may, in any county in his judicial district:

• hear and determine all preliminary and interlocutory matters in which a jury may not be demanded;
• hear and determine uncontested or agreed cases and contests of elections pending in his district, unless a party to the suit objects;  and
• sign all necessary orders and judgments in those matters.

The judge may sign an order or decree in any case pending for trial or on trial before him in any county in his district at a place that is convenient to the judge and forward the order or decree to the clerk for filing and entry.

A district judge who is assigned to preside in a divorce court of another judicial district or is presiding in exchange or at the request of the regular judge of the court may, in the manner provided by this section for the regular judge, hear, determine, and enter the orders, judgments, and decrees in a case that is pending for trial or has been tried before the visiting judge.

All contested divorce cases, all default judgments, and all cases in which any of the parties are cited by publication must be tried in the county in which the case is filed unless other law authorizes the case to be tried in another county.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

A suit to enforce the division of tangible personal property in existence at the time of the decree of divorce or annulment must be filed before the second anniversary of the date the decree was signed or becomes final after appeal, whichever date is later, or the suit is barred.

A suit to enforce the division of future property not in existence at the time of the original decree must be filed before the second anniversary of the date the right to the property matures or accrues or the decree becomes final, whichever date is later, or the suit is barred

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

A party affected by a decree of divorce or annulment providing for a division of property may request enforcement of that decree by filing a suit to enforce in the court that rendered the decree.

A suit to enforce shall be governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.

A party whose rights, duties, powers, or liabilities may be affected by the suit to enforce is entitled to receive notice by citation and shall be commanded to appear by filing a written answer.  Thereafter, the proceedings shall be as in civil cases generally.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

If a decree of divorce or annulment is rendered after an insured has designated the insured’s spouse as a beneficiary under a life insurance policy in force at the time of rendition, a provision in the policy in favor of the insured’s former spouse is not effective unless:

• the decree designates the insured’s former spouse as the beneficiary;
• the insured redesignates the former spouse as the beneficiary after rendition of the decree;  or
• the former spouse is designated to receive the proceeds in trust for, on behalf of, or for the benefit of a child or a dependent of either former spouse.

If a designation is not effective the proceeds of the policy are payable to the named alternative beneficiary or, if there is not a named alternative beneficiary, to the estate of the insured.

An insurer who pays the proceeds of a life insurance policy issued by the insurer to the beneficiary under a designation that is not effective is liable for payment of the proceeds to the person or estate only if:

• before payment of the proceeds to the designated beneficiary, the insurer receives written notice at the home office of the insurer from an interested person that the designation is not effective;  and
• the insurer has not interpleaded the proceeds into the registry of a court of competent jurisdiction in accordance with the Texas Rules of Civil Procedure.

Child Custody | Child Support |  Divorce  | Famiy Law | Attorney

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225    

A suit must be filed before the second anniversary of the date a former spouse unequivocally repudiates the existence of the ownership interest of the other former spouse and communicates that repudiation to the other former spouse.

The two year limitations period is tolled for the period that a court of this state does not have jurisdiction over the former spouses or over the property.

3107 Broadway Street, Suite 100 San Antonio, TX 78209-6718 (210) 338-8225