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    

Child support payments are often facilitated by the courts and a governmental agency through wage garnishments. Typically, a parent’s wages are only garnished if a parent is severely in arrears. Often a parent charged with paying child support may wonder how the process evolves from beginning to end. Here’s some information about how the wage garnishment process works and what to do in case there are mistakes.

Sec. 154.007.  ORDER TO WITHHOLD CHILD SUPPORT FROM INCOME.  (a)  In a proceeding in which periodic payments of child support are ordered, modified, or enforced, the court or Title IV-D agency shall order that income be withheld from the disposable earnings of the obligor as provided by Chapter 158.

(b)  If the court does not order income withholding, an order for support must contain a provision for income withholding to ensure that withholding may be effected if a delinquency occurs.

(c)  A child support order must be construed to contain a withholding provision even if the provision has been omitted from the written order.

(d)  If the order was rendered or last modified before January 1, 1987, the order is presumed to contain a provision for income withholding procedures to take effect in the event a delinquency occurs without further amendment to the order or future action by the court.

Either parent can request a modification due to changed circumstances. Examples of circumstances which may necessitate a change in the child support order include:

1.  Changes in income
2. Unemployment
3. Medical expenses
4. Additional costs associated with raising the child as he or she grows

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

Sec. 154.006.  TERMINATION OF DUTY OF SUPPORT.  (a)  Unless otherwise agreed in writing or expressly provided in the order or as provided by Subsection (b), the child support order terminates on:

(1)  the marriage of the child;

(2)  the removal of the child’s disabilities for general purposes;

(3)  the death of  the child;

(4)  a finding by a court that the child:

(A)  is 18 years of age or older; and

(B)  has failed to comply with the enrollment or attendance requirements described by Section 154.002(a); or

(5)  if the child enlists in the armed forces of the United States, the date on which the child begins active service as defined by 10 U.S.C. Section 101.

(b)  Unless a nonparent or agency has been appointed conservator of the child under Chapter 153, the order for current child support, and any provision relating to conservatorship, possession, or access terminates on the marriage or remarriage of the obligor and obligee to each other.

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

Sec. 154.003.  MANNER OF PAYMENT.  The court may order that child support be paid by:

(1)  periodic payments;

(2)  a lump-sum payment;

(3)  an annuity purchase;

(4)  the setting aside of property to be administered for the support of the child as specified in the order;  or

(5)  any combination of periodic payments, lump-sum payments, annuity purchases, or setting aside of property.

Sec. 154.004.  PLACE OF PAYMENT.  (a)  The court shall order the payment of child support to the state disbursement unit as provided by Chapter 234.

(b)  In a Title IV-D case, the court or the Title IV-D agency shall order that income withheld for child support be paid to the state disbursement unit of this state or, if appropriate, to the state disbursement unit of another state.

(c)  This section does not apply to a child support order that:

(1)  was initially rendered by a court before January 1, 1994;  and

(2)  is not being enforced by the Title IV-D agency.

Sec. 154.005.  PAYMENTS OF SUPPORT OBLIGATION BY TRUST.  (a)  The court may order the trustees of a spendthrift or other trust to make disbursements for the support of a child to the extent the trustees are required to make payments to a beneficiary who is required to make child support payments as provided by this chapter.

(b)  If disbursement of the assets of the trust is discretionary, the court may order child support payments from the income of the trust but not from the principal.

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

Sec. 154.002.  CHILD SUPPORT THROUGH HIGH SCHOOL GRADUATION.  (a)  The court may render an original support order, or modify an existing order, providing child support past the 18th birthday of the child to be paid only if the child is:

(1)  enrolled:

(A)  under Chapter 25, Education Code, in an accredited secondary school in a program leading toward a high school diploma;

(B)  under Section 130.008, Education Code, in courses for joint high school and junior college credit;  or

(C)  on a full-time basis in a private secondary school in a program leading toward a high school diploma;  and

(2)  complying with:

(A)  the minimum attendance requirements of Subchapter C, Chapter 25, Education Code;  or

(B)  the minimum attendance requirements imposed by the school in which the child is enrolled, if the child is enrolled in a private secondary school.

(b)  The request for a support order through high school graduation may be filed before or after the child’s 18th birthday.

(c)  The order for periodic support may provide that payments continue through the end of the month in which the child graduates.

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

COURT-ORDERED CHILD SUPPORT

Sec. 154.001.  SUPPORT OF CHILD.  (a)  The court may order either or both parents to support a child in the manner specified by the order:

(1)  until the child is 18 years of age or until graduation from high school, whichever occurs later;

(2)  until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law;

(3)  until the death of the child;  or

(4)  if the child is disabled as defined in this chapter, for an indefinite period.

(a-1)  The court may order each person who is financially able and whose parental rights have been terminated with respect to a child in substitute care for whom the department has been appointed managing conservator to support the child in the manner specified by the order:

(1)  until the earliest of:

(A)  the child’s adoption;

(B)  the child’s 18th birthday or graduation from  high school, whichever occurs later;

(C)  removal of the child’s disabilities of minority by court order, marriage, or other operation of law; or

(D)  the child’s death; or

(2)  if the child is disabled as defined in this chapter, for an indefinite period.

(b)  The court may order either or both parents to make periodic payments for the support of a child in a proceeding in which the Department of Protective and Regulatory Services is named temporary managing conservator.  In a proceeding in which the Department of Protective and Regulatory Services is named permanent managing conservator of a child whose parents’ rights have not been terminated, the court shall order each parent that is financially able to make periodic payments for the support of the child.

(c)  In a Title IV-D case, if neither parent has physical possession or conservatorship of the child, the court may render an order providing that a nonparent or agency having physical possession may receive, hold, or disburse child support payments for the benefit of the child.

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