San Antonio Child Support Lawyer

What to Expect When Hiring Our San Antonio Child Support Attorney

When you and your spouse decide to divorce, concerns over taking care of the children may be at the forefront. Count on our San Antonio child support lawyer to protect your and your children’s interests. We do not back down if your spouse tries to introduce false statements or stretches the truth. We will use our years of experience in child support cases to anticipate the moves of your ex-spouse’s legal representation. When coupled with our devotion to preparation, we are ready for any eventuality in your case.

We understand the emotional and financial challenges that go into a struggle to establish a child support agreement. Even though your ex-spouse may say your child’s best interests are always the most important factor, you may not feel like this is truthful, based on your ex-spouse’s actions. Our San Antonio child support lawyer can help.

We Treat Our Clients with the Respect They Deserve

Child support negotiations and hearings can bring some long-standing emotions to the surface. This can complicate the process, leaving the children’s well-being in the balance. With our child support attorneys on your side, we can work on your behalf to reach a fair settlement. Having our attorneys involved in the negotiations often dulls the emotions between the two spouses. This allows everyone to focus on finding the best solution for the children.

Contact our San Antonio child support lawyer at the Amsberry Law Firm today at (210) 354-2244 for a consultation.

We provide the highest possible level of representation for clients throughout San Antonio and in the surrounding counties.

Why Should You Choose Our Child Support Attorney at Amsberry Law Firm?

Russell Amsberry founded our law firm more than two-and-a-half decades ago, focusing on family law. He is committed to serving members of the military in the San Antonio area, providing them legal services in family law and other matters. He takes action to get you the best possible solution to your child support needs, rather than waiting for something to happen. He is an accomplished attorney with membership in the Texas Academy of Family Law Specialists, as well as the Association of Trial Lawyers of America.

When we’re facing a tough case, the experience we have gained in past cases helps us to deliver the results you need. Whether we’re involved in negotiations with your ex-spouse or arguing your case at a child support hearing, we will be ready to stand up for your rights. We listen to your concerns, and we tailor our plan for your representation to match your unique case. Although we rely on our past successes in cases similar to yours when we create a strategy, we always will adjust the child support plan to fit the needs of you and your children. Though we will provide advice on what options are available to you, the final decision on how we proceed will be yours.

Understanding a Child Support Judgment

Child support is a part of Texas state law. The state statutes spell out how the court should determine which parent pays child support and the amount that parent should pay after a divorce. Even though the statutes explain what should happen, each case has unique aspects that are negotiable. Our child support attorney in San Antonio knows how to apply the facts in your case to the law. We will help you receive the most favorable possible outcome for you and for your children.

Determining the Non-Custodial Parent

After a divorce in Texas, one parent typically receives primary custody of the children. This is the parent who spends the most time caring for the children after the divorce. The other parent is the non-custodial parent. While this non-custodial parent may spend time caring for the children, and while it may be a significant amount of time, the custodial parent performs the majority of the care. After establishing which parent will be the non-custodial parent, the court will determine the amount of the child support payments.

Determining the Amount of Child Support Payments

The state sets up guidelines for the minimum amount the non-custodial parent must pay. The payment amount depends on the number of children involved and on the non-custodial parent’s net income. If the non-custodial parent pays for aspects of the children’s care, like medical insurance, the formula takes this amount into consideration. Additionally, the non-custodial parent is free to make larger payments for the children, if desired. If you will be receiving payments from your ex-spouse and you believe your children deserve a larger payment, we can simply make this request for more money as part of the negotiations.

How Our Child Support Attorney in San Antonio, TX, Can Help Your Case

Perhaps you are wondering whether you need legal representation. After all, if the state statutes have a calculation formula for child support, the process seems simple enough. However, the majority of divorce and child support cases are not simple. If any circumstances exist that would require an adjustment to the formula, our San Antonio child support lawyer will introduce the facts that show why you deserve a different amount.

If the formula creates what a judge believes is an unfair situation for one of the parents or for the children, the judge may require an adjustment to the formula. Our team can give you the representation you need to ensure the adjustments are as fair to you as possible. Many elements of a child support case are negotiable, which is where we can help. We know how to structure our arguments to clearly show why the facts support your position regarding the child support payments. When we know that the formula results in an unfair situation for our client, we are not afraid to appeal the order.

Our San Antonio Child Support Lawyer Does Not Back Down from Tough Cases

At Amsberry Law Firm, we fight as hard as we can for our clients. When cases are complex or when our clients are facing what seems to be a very difficult situation, we do not give up. Our child support attorney always gives our clients the full attention they deserve. We work equally hard in negotiating with the other side, gathering information about our clients’ situations, and representing our clients in a hearing.

We understand how much trust you place in us during your child support case. We take this responsibility very seriously. For a review of your case, call us as soon as possible at (210) 354-2244.

How Child Support Works in Texas

Although each child support case in Texas has its own unique characteristics, according to the Texas Attorney General, there are a few steps that are common.

Determining Paternity

If, after a divorce, there is any doubt about whether you are the father of the children, a paternity test may be in order. The kids deserve and need child support payments to help them maintain the best possible quality of life and care. But if another person is the father, he should be responsible for paying child support. We understand that the establishment of paternity can be a highly emotional subject during divorce. We treat this situation with the respect it deserves and will always provide you skilled legal representation.

Obtaining a Court Order

Our team will negotiate a child support amount with your spouse, based on the state’s formula and on any special circumstances that exist. If we come to an agreement with the other party, we can take that amount to a judge and receive approval. If the two sides cannot agree, the judge will set an amount after a hearing. Our child support lawyer in San Antonio, TX, will represent you in this hearing. The final amount the non-custodial parent will pay each month for child support becomes a court order. This order also will set visitation terms for the non-custodial parent.

Receiving Child Support Payments

If your ex-spouse falls behind on payments or simply refuses to make payments, our team can help you receive the payment you and your children need. We will work though the Texas Child Support Division to try to help you receive the payments. Additionally, the non-custodial parent may owe you interest on any missed payments. We will attempt to collect this amount as well.

If necessary, we can act on your behalf to ask to have the child support payments deducted directly from your ex-spouse’s paycheck. We also can request the placement of liens against property in an attempt to receive current and back payments as quickly as possible.

We have quite a few avenues available to us that have proven successful in past cases to help you obtain the child support payments your ex-spouse owes you.

Trust Our Child Support Lawyer in San Antonio, TX

One of our guiding principles is to keep our clients fully informed about their child support case every step of the way. Once you hire us, we will respond to your concerns and questions as quickly as we can. Like you, we want to see your case reach the desired resolution as quickly as possible. However, we will not sacrifice reaching the best possible outcome just to speed things along. We will take the time needed to deliver the best result.

Does a missed child support payment affect visitation?

Even though a court order can address both child support and visitation simultaneously, the two items are separate. Even if the non-custodial parent falls behind on child support payments, the custodial parent cannot withhold visitation rights as punishment. Any changes to visitation must be ordered by the court.

How long do child support payments last?

In Texas, children reach the age of majority at age 18. Child support payments must continue until the child’s 18th birthday or until the child graduates from high school, whichever occurs later. For children who may have a medical disability, child support payments can go beyond age 18.

How long until child support payments start?

In a simple case, child support payments can begin soon after the court order occurs. In complex cases, such as those involving establishment of paternity or those where important documents are missing, a significant delay in payments is possible. Trust our San Antonio child support attorney to do everything possible to keep the process moving forward.

What if a non-custodial parent moves out of state?

If the non-custodial parent moves out of Texas, the child support payments must continue under Texas statutes. Child support laws in the non-custodial parent’s new state of residence do not apply. The various state agencies will work together to track down a non-custodial parent who is behind on payments.

Why did Texas suspend my driver’s license?

According to Texas state law, non-custodial parents who owe three or more months of back child support could be subject to a driver’s license suspension. It’s better to contact our law firm if you are falling behind on payments. We can work with the court to find a solution before you see a suspension of your driver’s license.

Is paying child support tax deductible?

No. As the non-custodial parent, you cannot deduct these payments on your federal income taxes. If you had remained married, you would not be able to deduct costs for supporting your children. Consequently, the IRS does not allow a tax deduction after a divorce, either.

Our San Antonio Child Support Lawyer Can Help You Request a Change in Child Support Payments

After the divorce, you and your spouse may agree to certain terms regarding child support payments. However, the circumstances regarding your family’s life may change within a year or two of the original agreement. Because of these changes, you may feel like you are paying too much child support as the non-custodial parent. Or, as the custodial parent, you may feel like your ex-spouse should be paying more now after receiving a promotion at work.

Paying Less in Child Support

Perhaps you lost your job and had to take a position that pays far less money. To perform a recalculation of your child support payment, you will need to request another court order. Our child support attorney at the Amsberry Law Firm can help you make this request, showing the court why you need some relief from your child support payments. It’s possible that we can negotiate with your ex-spouse’s attorney to reach a new financial agreement to bring to the court.

Understand that until the new court order goes into effect, you should continue to make payments on the original child support order. You still owe this money until the new order starts. If you are having difficulty making ends meet under the old order, we may be able to work out a compromise with your ex-spouse until the new order goes into effect. The one thing you shouldn’t do is just refuse to make the payments under the old order without explaining your situation and without trying to work out a compromise. We can help you be proactive about this type of situation, which protects you from further problems down the road.

Receiving More in Child Support

To help your children receive more money, we will need to obtain a new court order. We will request that your ex-spouse produce documentation that shows the new salary from the promotion, allowing the court to make the proper calculation. If your ex-spouse’s representatives are stalling or are refusing to provide necessary documents, we will make sure they follow the required procedures. We do not back down when the other side tries to skirt the rules. We can even work on your behalf to ask your spouse to increase payments voluntarily until the new court order goes into effect.

Our Clients Know They Can Rely on Our Family Law Experience

Although our strengths in fighting for child support are well known in the area, we also have a strong reputation as a family law attorney, providing representation in areas including:

  • Divorce
  • Child custody
  • Child visitation
  • Child support
  • Grandparent rights
  • Paternity testing
  • Alimony and spousal support
  • Property division
  • Domestic violence
  • Prenuptial agreement
  • Postnuptial agreement
  • Adoption.

Our divorce lawyer knows that divorce cases involving children become far more complex than those in which there are no children to consider. Emotions often run hot as the two parents may have very different ideas on how to best care for the children. We will represent you in an aggressive, professional manner, but we also will do everything possible to avoid adding stress to the situation.

We have worked through difficult cases many times, and we know how to diffuse emotions while working toward the settlement you deserve.

Our Child Support Attorneys Are Ready to Represent Your Interests

We appreciate the opportunity to represent your interests in a child support negotiation session or hearing. We believe it’s important to represent you in a professional manner, but we will not back down if the other attorneys make false allegations or try to twist the facts. Don’t mistake our professionalism as softness. We will be zealous advocates to protect the interests of you and your children.

Our past clients know just how hard we worked for them. Our San Antonio child support attorney will bring that same level of professionalism and attention to detail to your case. For a case review, contact Amsberry Law Firm at (210) 354-2244 as soon as possible. After you choose to hire us, we will begin working on your case immediately. Our team helps clients in San Antonio as well as the surrounding communities.

Attorney Russell Amsberry

Attorney Russell J.G. Amsberry

Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]