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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



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

Benji Kelso
Benji Kelso
April 13, 2022.
Brian and Yenesis were really great to work with. They are extremely thorough and know this area of law very well, and they won my case!
Larry B
Larry B
April 7, 2022.
I Spoke with Kiana today and she was very informative and thorough in her explanation of what my situation would entail, and she said I could probably do a divorce without their assistance . I really appreciated her honesty. l would recommend their service to anyone who needs help with their divorce.
Grace Osberg
Grace Osberg
April 1, 2022.
Nick and Jordan are hardworking and dedicated to their clients. I would recommend them to anyone seeking family law advice.
Megan Sexton
Megan Sexton
March 29, 2022.
I had the best experience working with Brian as My Attorney and Yenesis. I felt fully supported while they worked diligently fighting for myself and my children in my very intense divorce case.
Marva Short
Marva Short
March 21, 2022.
Modern Law Firm did a wonderful job handling a post divorce decree matter. Both Attorney Nick Totallian and Jordan Moore were diligent and thorough in bringing this case to a close.
Shiri Dennison
Shiri Dennison
February 19, 2022.
I spoke with kiana she dedicated her time to answer all my questions I didn't feel rushed and I got the answers I needed. She was very personable, very sensitive to the situation and helped me make a decision for a plan thank you so much I appreciate your law firm and your great service.
Shawndra Homeschool
Shawndra Homeschool
January 26, 2022.
Let's be honest, nobody wants to see themselves in a position where a family law attorney is ever needed. However if the situation does arises, Modern Family Law is the only place I’ve trusted with protecting my children and myself. I researched endlessly - day and night - before ultimitly putting my new, terrifying and time sensitive reality into their hands. This is when Brian Litzinger and Jordan Moore were introduced into my life. What had transpired into a “mess”, has now been avoided from becoming an absolute disaster. Thanks to the endless, hard work Brian and Jordan have dedicated. I can now rest assure, that the best outcome will be achieved. I can’t begin to thank Modern Family Law enough.

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

MEM-thumbnail_1.1

Marie McGrath
Managing Attorney
San Antonio, TX

San Antonio divorce lawyer Ava Louviere

Ava Louviere
Associate Attorney
San Antonio, TX

San Antonio family law attorney Hannah Soliz

Hannah Soliz
Associate Attorney
San Antonio, TX


Learn Why Our San Antonio Family Law Attorneys
Are Passionate About Practicing Family Law

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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