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CHILD & SPOUSAL SUPPORT IN SAN ANTONIO

Helping You
Navigate Support
In San Antonio

CHILD & SPOUSAL SUPPORT IN SAN ANTONIO

Helping You
Navigate Support
In San Antonio

Child & Spousal Support
in San Antonio

Our San Antonio team of family lawyers is experts in child and spousal support. They will provide you with all the resources necessary to determine your eligibility, establish a plan of action, and enforce any orders. We’re proud to make attorneys available for a free consultation. So, if you’re having an issue, we’re here to help!

 

Child and spousal support are a pillar of divorce law in San Antonio. The goal is to aid the needs of our clients as they navigate the inevitable changes following their decision to dissolve their marriage. This includes defending spouses from abusive partners, obtaining fair custody agreements for children, and securing adequate financial provisions for both parents to maintain stability upon separation or during periods where one parent does not have enough income (due to unemployment) at any given time.

 

If you need help with child or spousal support, our San Antonio family law attorneys are here to help. We have the experience and knowledge needed for your specific case. If you want a second opinion or more information on our process, call us today! Our friendly staff will be happy to answer any questions that come up during your free consultation with one of these lawyers.

What Does San Antonio Child and Spousal Support Look Like?

Our San Antonio family law attorneys are adept at handling all types of child and spousal support cases and can help you understand your options. Our lawyers will make sure that the custodial parent is awarded enough to cover their needs while still providing for the children in the family. The court will also assess what percentage should be earmarked towards paying any arrearages, ensuring accountability on behalf of the non-custodial parent, and safeguarding future payments from lapsing into default. You, therefore, have nothing to worry about if our firm handles this aspect of your case—we’ll take care of everything so that it’s done right!

 

In Texas, a family court judge is only allowed to award child support if the parents of the children are not living together. In those situations, judges have the authority to order one parent to pay child support to the other.

 

In these cases, the court will look at several factors when determining how much child support should be paid on a monthly basis. These factors include:

 

  • The gross income of both parents
  • The amount of time each parent has custody of the children
  • The cost of medical insurance for the children
  • Deductions from the paycheck for retirement benefits and union dues
  • Deductions from the paycheck for childcare costs and any other work-related expenses (e.g., transportation costs)
  • The amount of spousal support that is owed by one spouse to another
  • Whether either parent has medical or educational expenses related to the children
  • Any assets and/or property that is

Schedule Your Free Consultation!

View Our Texas
Calculators


Child & Spousal Support
in San Antonio

Our San Antonio team of family lawyers is experts in child and spousal support. They will provide you with all the resources necessary to determine your eligibility, establish a plan of action, and enforce any orders. We’re proud to make attorneys available for a free consultation. So, if you’re having an issue, we’re here to help!

 

Child and spousal support are a pillar of divorce law in San Antonio. The goal is to aid the needs of our clients as they navigate the inevitable changes following their decision to dissolve their marriage. This includes defending spouses from abusive partners, obtaining fair custody agreements for children, and securing adequate financial provisions for both parents to maintain stability upon separation or during periods where one parent does not have enough income (due to unemployment) at any given time.

 

If you need help with child or spousal support, our San Antonio family law attorneys are here to help. We have the experience and knowledge needed for your specific case. If you want a second opinion or more information on our process, call us today! Our friendly staff will be happy to answer any questions that come up during your free consultation with one of these lawyers.

What Does San Antonio Child and Spousal Support
Look Like?

Our San Antonio family law attorneys are adept at handling all types of child and spousal support cases and can help you understand your options. Our lawyers will make sure that the custodial parent is awarded enough to cover their needs while still providing for the children in the family. The court will also assess what percentage should be earmarked towards paying any arrearages, ensuring accountability on behalf of the non-custodial parent, and safeguarding future payments from lapsing into default. You, therefore, have nothing to worry about if our firm handles this aspect of your case—we’ll take care of everything so that it’s done right!

 

In Texas, a family court judge is only allowed to award child support if the parents of the children are not living together. In those situations, judges have the authority to order one parent to pay child support to the other.

 

In these cases, the court will look at several factors when determining how much child support should be paid on a monthly basis. These factors include:

 

  • The gross income of both parents
  • The amount of time each parent has custody of the children
  • The cost of medical insurance for the children
  • Deductions from the paycheck for retirement benefits and union dues
  • Deductions from the paycheck for childcare costs and any other work-related expenses (e.g., transportation costs)
  • The amount of spousal support that is owed by one spouse to another
  • Whether either parent has medical or educational expenses related to the children
  • Any assets and/or property that is

Schedule Your Free Consultation!

View Our Texas
Calculators



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Our Attorneys Are Ready To Listen

Our experienced child & spousal support attorneys in San Antonio have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

How San Antonio Courts Determine Child Support

When a family court judge determines how much child support an individual will pay, they consider the above factors as well as any other circumstances that may affect the amount of child support that is owed.

In some cases, judges order one parent to pay all of the child’s expenses related to daycare and medical insurance. In those situations, the other parent may not be ordered to pay child support at all.

Additionally, Texas law mandates that if one spouse earns more than $7,500 per month and pays less than $250 per month in spousal support, then they must also pay at least $1,500 per month in child support.

child support attorneys in San Antonio

What if You’re Self-Employed or
Paying Alimony?

Even if you are self-employed or paying alimony, the family court judge may still have the authority to order you to pay child support.

 

If you are self-employed, the court will consider your gross income minus any business expenses. If you are paying alimony, the court will likely not order you to pay more than 50% of your disposable income.

The Impact on
Income Taxes

Child support payments are not tax-free. In other words, if a person is receiving any form of payment from their ex for the care and upkeep of their kids (regardless of whether or not it’s court-ordered), they will need to report this as income on a yearly basis. They might also be required to pay taxes on these funds depending on how much money is made in comparison with what specifically needs to be paid out in cash per month.

 

When a parent pays child support, the amount of that payment is considered income for the parent who gets it. This means that if someone pays $1000 in child support, they’ll need to report $1000 as income on their taxes.

Try Our Texas
Child Support Calculator


How San Antonio Courts
Determine Child Support

When a family court judge determines how much child support an individual will pay, they consider the above factors as well as any other circumstances that may affect the amount of child support that is owed.

In some cases, judges order one parent to pay all of the child’s expenses related to daycare and medical insurance. In those situations, the other parent may not be ordered to pay child support at all.

Additionally, Texas law mandates that if one spouse earns more than $7,500 per month and pays less than $250 per month in spousal support, then they must also pay at least $1,500 per month in child support.

What if You’re Self-Employed or
Paying Alimony?

Even if you are self-employed or paying alimony, the family court judge may still have the authority to order you to pay child support.

 

If you are self-employed, the court will consider your gross income minus any business expenses. If you are paying alimony, the court will likely not order you to pay more than 50% of your disposable income.

The Impact on
Income Taxes

Child support payments are not tax-free. In other words, if a person is receiving any form of payment from their ex for the care and upkeep of their kids (regardless of whether or not it’s court-ordered), they will need to report this as income on a yearly basis. They might also be required to pay taxes on these funds depending on how much money is made in comparison with what specifically needs to be paid out in cash per month.

 

When a parent pays child support, the amount of that payment is considered income for the parent who gets it. This means that if someone pays $1000 in child support, they’ll need to report $1000 as income on their taxes.


See What Our Customers Are Saying About
Our Child & Spousal Support Attorney’s In San Antonio

Ellie AdamsEllie Adams
03:17 23 Oct 23
Jasmine was incredibly friendly and knowledgeable, and was willing to answer any questions that I had about my situation during our call.
CTX Knights BasketballCTX Knights Basketball
19:36 17 Oct 23
Clare and Danika at Modern Family law were great! They was thorough, they were fast and they were on top of it. They also made sure to help educate me in areas that may have not been as clear to me going in. I would highly recommend them. They are true advocates for father’s rights.
Tarig AlkhazinTarig Alkhazin
19:24 09 Oct 23
Cory BluemlingCory Bluemling
18:50 05 Oct 23
lesliberi macedolesliberi macedo
18:43 27 Sep 23
I have the best attorney and paralegal Erica and Danika very professional
Amanda Le VeaAmanda Le Vea
20:32 05 Jul 23
Clare Mattione was my lawyer and my experience with her and her team was amazing. They are all very professional, honest and flexible. Clare really handled my case with care and dignity. I felt very taken care of with her as my lawyer.
Fredrick MorrisFredrick Morris
00:55 27 Jun 23
I thoroughly enjoyed my experience working with Austin Modern Family Law firm team to work through court cases that I needed handled. I retained Clare Mattione through a prior firm and I was so pleased with her professionalism and expertise that I continued to retain her services while she transitioned to her new firm, Modern Family Law. Clare was clear, concise, and provided timely communication during the course of about a two-year trial. Clare met my needs, provided guidance and navigated the legal field with expertise.Danika Moran was also very helpful with filing and requesting documents and communications during the trial. Everything was handled in a timely manner and with the utmost professionalism.Overall I was throughly pleased with my experience and would highly recommended the Austin Modern Family Law Firm & would once again like to thank Clare for representing my family and I during our case.
Yuli VillaYuli Villa
23:29 07 Jun 23
When looking for a law firm that could help with the case of my siblings and I, I didn’t really know where to look. As soon as I reached out to the Modern Family Firm I was greeted by my lawyer Jasmine Bhatt, she right away made me feel understood and welcomed. My lawyer and her paralegal Danika Moran made the process of my case very stress free. I appreciate all their help and definitely recommend them to anyone that needs help with family cases! 😊
Keara RileyKeara Riley
18:21 10 May 23
My attorney Clare Mattione was fantastic. She is very knowledgeable and definitely knew the law as it pertained to my case . When I had questions she answered them promptly and made sure I understood each point before moving on. Extremely professional but also very understanding and compassionate toward my situation. It was a slow moving case but Clare made sure to keep things moving forward and always kept me up to date on the status of my case. She worked with Danika Moran, who was equally amazing, and handled my case with care. We just wrapped it up and I could not have been happier with the team and experience I had with both of them. Would absolutely recommend Clare to anyone in need of her services.
John Mark Strahan (JM)John Mark Strahan (JM)
20:26 20 Jul 22
J. and Jessica were kind, compassionate, and caring. I was 100% comfortable discussing my situation and they made me feel safe. While I hope not many people have to go through the pain of a divorce, these folks are great if you have to!
Ikenna NwakanmaIkenna Nwakanma
17:52 19 Jun 22
Working with J. Riggs at Modern Family Law during my divorce was a blessing. We never met in person but that didn't prevent us from connecting in a way that made me feel that he was looking out for my interest and not just going along the process in a cookie cutter way. They explained the steps of what to expect before and as it was taking place and really made the divorce as stress free as you can get when going through a divorce. Thank you J!
Lisa RhodesLisa Rhodes
02:45 14 May 22
My Attorneys are like Family. They listen to me their Client. They make a challenging matter a little easier. They do understand. J and Jessica are very professional.
E RoseE Rose
16:25 12 May 22
Went through a messy divorce and Clare was able to get a good amount of my possessions back including my vital documents like birth certificate and SSN card which he had refused to give back. It wasn’t a fun process but I was very pleased with her help! Clare was very attentive to my needs, guided me through the court process, and helped me set realistic expectations for outcomes. Thank you again.
JD GipsonJD Gipson
16:35 02 May 22
J. and the team were really great to deal with! He was super responsive anytime I had any questions and easy to get a hold of. Dealing with lawyers is generally never a fun thing to do, but J. made the experience pleasant and I really felt like I was in good hands. Thank you again!
Ashley HernandezAshley Hernandez
17:02 18 Jan 22
Going through a divorce and custody was not fun but J. got me through it. The whole team was responsive and knowledgeable about how the custody process worked and what I needed to do to get custody of my children. My first attorney (different law firm) charged a low retainer, so I thought I was getting a deal, but they quit on me when a bigger case came along! Modern Family Law was experienced and they were up front with me about costs and what I should expect from them. For the experience they gave and how responsive they were, they were worth every penny!!
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Experienced San Antonio
Child & Spousal Support Attorneys

As you can see, there are many factors to consider when calculating child support. But don’t worry. If you have questions, the best place to start is with your family law attorney. We can help you understand how child support is calculated in your case.

 

Your situation is unique and we understand that you need a resolution for your family support issues. Whether it’s about child support, divorce, or other related matters, our team has the skills to help you out of this difficult time. What are you waiting for? Reach out today so we can discuss how we can best serve your needs and put an end to these challenges as soon as possible!

 

We represent clients in court and negotiate with the other side to achieve a favorable resolution. We have been practicing family law for decades, so you can trust us when it comes to your needs. With our experience as both litigators and negotiators, we know how best to approach each individual case from beginning to end.

 

Our San Antonio child and spousal support attorneys understand how difficult family law matters are to navigate. They can empathize with your situation, provide you with counseling expert advice, to guide you to the best possible outcome for you and your family. We also understand the financial burden that family law matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases.

Our San Antonio Office Location

Additional Support Practice Areas

Issues surrounding support involve many aspects and every case is different. Explore some of the other areas involved in child & spousal support. While you don’t need to understand every nuance of support, the more you do understand the easier the process will be.

Experienced
San Antonio
Child & Spousal Support Attorneys

As you can see, there are many factors to consider when calculating child support. But don’t worry. If you have questions, the best place to start is with your family law attorney. We can help you understand how child support is calculated in your case.

 

Your situation is unique and we understand that you need a resolution for your family support issues. Whether it’s about child support, divorce, or other related matters, our team has the skills to help you out of this difficult time. What are you waiting for? Reach out today so we can discuss how we can best serve your needs and put an end to these challenges as soon as possible!

 

We represent clients in court and negotiate with the other side to achieve a favorable resolution. We have been practicing family law for decades, so you can trust us when it comes to your needs. With our experience as both litigators and negotiators, we know how best to approach each individual case from beginning to end.

 

Our San Antonio child and spousal support attorneys understand how difficult family law matters are to navigate. They can empathize with your situation, provide you with counseling expert advice, to guide you to the best possible outcome for you and your family. We also understand the financial burden that family law matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases.

Our San Antonio
Office Location

Additional Support
Practice Areas

Issues surrounding support involve many aspects and every case is different. Explore some of the other areas involved in child & spousal support. While you don’t need to understand every nuance of support, the more you do understand the easier the process will be.

 

Meet Our Team Of Experienced
San Antonio Child & Spousal Support Attorneys

Austin Family Lawyer Jasmine Bhatt

Jasmine Bhatt
Managing Attorney

Austin family lawyer Clare Mattione

Clare Mattione
Associate Attorney

San Antonio family law attorney Samantha Serna Uribe

Samantha Serna Uribe
Associate Attorney

Frequently Asked Questions About
Child & Spousal Support in San Antonio

How do I get spousal maintenance in San Antonio?

A court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on divorce to provide for the spouse’s minimum reasonable needs and:

(1)  the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:

(A)  within two years before the date on which a suit for dissolution of the marriage is filed; or

(B)  while the suit is pending; or

(2)  the spouse seeking maintenance:

(A)  is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;

(B)  has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or

(C)   is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.

TFC 8.051

Learn more about alimony, spousal maintenance, and spousal support in Texas.

 

 

Click the following link to learn more about the cost of a custody attorney in San Antonio. You may also be interested in our calculators to help you determine costs.

How is child support calculated in San Antonio?

The person who pays child support in Texas is the obligor, the person receiving child support is the obligeeIn 1989, Texas Legislators introduced statutory “guideline child support”. This set the percentage of net resources an obligor has to pay based upon the total number of children that the obligor has an obligation to legally support, and the number of children involved in the current case.  That percentage is then applied to the individual’s net resources.  The same guidelines for child support are still in effect today. 

Learn more about how child support is calculated in San Antonio or try our Texas child support calculator.

If my spouse is being violent can I apply for a protective order in San Antonio?

Protective orders have very specific prerequisites under the Texas Family Code. Additionally, during the most recent legislative session in Texas, there were important changes that you should understand.   

Protective orders under the family code are granted based on family violence which is defined as: 

1. An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the family or household member in fear of imminent physical harm, bodily injury, assault, or sexual assault. 

2. Abuse by a member of the family or household against a child of the family or household; or 

3. Dating violence against a member of a dating relationship or a third party. 

For the purposes of the definition in the Texas Family Code: 

Family includes individuals related by consanguinity or affinity, former spouses, parents of the same child, a foster child and foster parent. 

Household means persons living together in the same dwelling even if not related and includes a person who previously lived in a household.  

Dating relationship means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature based on the length of the relationship; the nature of the relationship; and the frequency and type of interaction between the persons involved in the relationship. 

Learn more about protective orders in Texas.

Frequently Asked Questions About
Child & Spousal Support in San Antonio

How do I get spousal maintenance in San Antonio?

A court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on divorce to provide for the spouse’s minimum reasonable needs and:

(1)  the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:

(A)  within two years before the date on which a suit for dissolution of the marriage is filed; or

(B)  while the suit is pending; or

(2)  the spouse seeking maintenance:

(A)  is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;

(B)  has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or

(C)   is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.

TFC 8.051

Learn more about alimony, spousal maintenance, and spousal support in Texas.

 

 

Click the following link to learn more about the cost of a custody attorney in San Antonio. You may also be interested in our calculators to help you determine costs.

How is child support calculated in San Antonio?

The person who pays child support in Texas is the obligor, the person receiving child support is the obligeeIn 1989, Texas Legislators introduced statutory “guideline child support”. This set the percentage of net resources an obligor has to pay based upon the total number of children that the obligor has an obligation to legally support, and the number of children involved in the current case.  That percentage is then applied to the individual’s net resources.  The same guidelines for child support are still in effect today. 

Learn more about how child support is calculated in San Antonio or try our Texas child support calculator.

If my spouse is being violent can I apply for a protective order in San Antonio?

Protective orders have very specific prerequisites under the Texas Family Code. Additionally, during the most recent legislative session in Texas, there were important changes that you should understand.   

Protective orders under the family code are granted based on family violence which is defined as: 

1. An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the family or household member in fear of imminent physical harm, bodily injury, assault, or sexual assault. 

2. Abuse by a member of the family or household against a child of the family or household; or 

3. Dating violence against a member of a dating relationship or a third party. 

For the purposes of the definition in the Texas Family Code: 

Family includes individuals related by consanguinity or affinity, former spouses, parents of the same child, a foster child and foster parent. 

Household means persons living together in the same dwelling even if not related and includes a person who previously lived in a household.  

Dating relationship means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature based on the length of the relationship; the nature of the relationship; and the frequency and type of interaction between the persons involved in the relationship. 

Learn more about protective orders in Texas.

Our Calculators

We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.

Additional Resources About
Child & Spousal Support in San Antonio

Texas child support calculation

How Is Child Support Calculated in Texas?

Understanding how your child support payments in Texas are calculated is crucial to making important decisions about your family’s future. This article explains how these payments are decided.

Top 10 things to know about Texas alimony payments

Top 10 Things To Know About Texas Alimony Payments

There are many factors that go into deciding the amount of your Texas alimony payments. Here are 10 things you should know about alimony, spousal support, and spousal maintenance.

child support in Texas

10 Things To Know About Failing To Pay Child Support in Texas

Texas does not tolerate parents that are delinquent with their child support payments. Here are 10 things you should know about failing to pay.


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