What To Expect When You Hire Our Kerrville Child Support Attorney
When you and your significant other decide it’s best to not get married or get a divorce, it can be a pretty emotional time for everyone involved, especially when it comes to children and agreeing on what’s in their best interests. You can count on your Kerrville child support lawyer of the Amsberry Law Firm to be there to make sure that the children get what they need.
If your spouse tries to give false statements against you, we’ll use our years of case experience to get the truth out. We will use our expertise to anticipate the moves of your ex-spouse’s legal team. You deserve to get some stability back into your life after going through these financial and emotional challenges, and the Amsberry Law Firm will be there for you at every step of the process.
We Always Give Our Clients the Respect They Deserve
Support negotiations and hearings typically bring up emotions that may have been hidden before. If the parents aren’t able to cooperate well, this complicates the process and leaves the children’s well-being in jeopardy. Having a child support attorney can be a big help in the process by keeping everyone focused on what’s important — the children.
We will always strive to deliver the highest possible representation for our clients in the Kerrville area as well as the surrounding counties.
Why You Should Choose Our Child Support Attorneys at Amsberry Law Firm
The founder of the Amsberry Law Firm, Russell Amsberry, has more than two decades of experience focusing on family law. He has been especially committed to helping military members in the Kerrville area, taking action to get his clients the best results for their child support needs. Russell Amsberry is a member of the Association of Trial Lawyers of America and the Texas Academy of Family Law.
When we’re up against a complex case, we use our past experience to get you what you and your family deserve. We are always happy to stand in for you at hearings or to negotiate with your ex-spouse. When you hire our family law attorney, we’ll talk with you about your concerns and plan our next steps to meet the needs of the children while letting the final decision be yours on how we proceed.
Importance of Understanding a Child Support Judgment
Texas has statutes that say how the court should determine which parent will pay child support and the amount they’ll be ordered to pay. But every case is unique and may require the negotiating skills of our Kerrville child support attorney to get you and your children a favorable outcome.
Determining Who the Non-Custodial Parent Is
Primary custody is typically given to the parent who takes care of the children the majority of the time. The other parent is the non-custodial parent and will most likely be ordered to pay child support.
Determining Amount of Child Support Payments
Along with Texas’ statutes for figuring out who should get custody and who should pay, there are guidelines for figuring out the amount as well. Two factors are the number of children there are and how much the non-custodial parent’s income is. If they are responsible for the children’s medical expenses, this will also be calculated into a monthly payment. If your situation after the divorce changes and you feel that the initial order does not meet the present needs of the children, we can help you request a modification.
How Our Child Support Attorney in Kerrville, TX, Will Help Your Case
Sometimes it’s hard to tell whether or not you need a legal representative. You may think that you and your ex can work out an agreement without paying for an attorney. But the average divorce isn’t as simple as just applying a formula, and emotions often cause a once-amicable partnership to dissolve into antagonism. A child support attorney can help you stick with the facts in your case to reach a solution that benefits you and your children.
If the judge finds that the proposed child support agreement is unfair or inadequate, they will require an adjustment so that it’s fair for everyone. It’s best to avoid this by utilizing the skills of an experienced family law attorney from the outset. The Amsberry Law Firm knows how to structure arguments so that the facts are clear and support your goals.
Our Kerrville Child Support Lawyer Doesn’t Back Down from Any Tough Cases
At Amsberry Law Firm, we take pride in being prepared for anything that may happen in a case, no matter how complex it may be. Our child support attorneys always give our clients their full attention. We’re here to help you by answering questions, gathering information, crafting solutions, and representing you at hearings.
How Child Support Works in Texas
Even though each case’s characteristics are ultimately different from others, there are some steps you must go through that are the same.
Determining Paternity
If there’s any doubt or disagreement about who the father is, then there will probably have to be a paternity test. Children deserve to have their financial needs met, but the right person needs to take responsibility. This can be an emotional part of custody hearings but is needed so there can be a fair result.
Obtaining a Court Order
Our child support attorneys will negotiate the support amount with your spouse according to the state’s formula and any other relevant circumstances. If both parties agree, we’ll take it to the judge for approval; otherwise, there will need to be a hearing so the judge can set an amount. Our child support lawyer in Kerrville, TX, will vigorously present your case at the hearing to achieve a fair and adequate amount of child support.
Receiving Child Support Payments
If your spouse has fallen behind on payments or refuses to pay, we can help you get the payment you and your children deserve. We work closely with the Texas Child Support Division to help you receive your payments. We can also act on your behalf and ask that the payments be deducted from their paycheck or request the placement of liens.
Trust Our Child Support Lawyer in Kerrville, TX
We strive to always keep our clients informed about their cases. Once hired, we’ll be here to answer your questions, without delay. We want to see you succeed in your case and not just get it over with. We will not rush the case just to get a result but take our time to get the best result.
Frequently Asked Questions
American families have changed significantly since the 1990s. Texas family laws have changed as well. So, our clients have lots of questions about child support obligations.
How long do child support payments last?
Unless the child is seriously disabled or another extreme circumstance applies, child support obligations in Texas end when the child turns 18 or graduates from high school, whichever is later. However, if the parents agree to continue child support in writing, perhaps until the child graduates from college, these agreements are usually enforceable, if a judge approves them.
Does Missing a Payment Affect Visitation?
Many Texans think the answer to this question is “yes.” But instead, it’s a resounding “no.” Child support and child visitation are completely separate. Even if the obligor (person required to pay support) has never paid a dime, s/he is still entitled to visitation per the existing decree. A child support-child visitation connection would essentially mean the custodial parent could hold a child for ransom. That’s clearly not acceptable.
This question is also common. Less than half of obligees (parents entitled to child support) receive the full amount due. Some enforcement options are laid out below.
What If the Parent That Owes Moves Out of State?
Relocations don’t affect child support obligations. They usually don’t affect payment mechanisms either. Typically, obligors pay support through an online portal. These portals are win-win. The funds go directly into the obligee’s bank account, which means children benefit sooner. Furthermore, the transaction record is near-absolute proof of payment.
However, since relocations are often job-related, they could involve a motion to modify the support obligation.
Our Kerrville Child Support Lawyer Can Help Request Changes in Child Support Payments
Child support obligations are based on a snapshot of the obligor’s net income at the time the order is entered.
Incidentally, net income for child support purposes is often different from net income for other purposes. For example, many deductions, such as retirement account contributions and loan repayments, aren’t allowable for child support purposes.
Decreasing Child Support Obligations
In general, if the obligor’s income materially, substantially, unexpectedly, and permanently changes, a judge could lower the monthly child support obligation.
A few obligors only have W-2 income. Changes in these situations are relatively straightforward. Cases involving income from a side hustle or self-employment are more difficult. Additionally, not all changes meet the permanency requirement. Brief unemployment periods may not count. Brief business downturns might not count either.
A judge could also lower a child support obligation if a child graduates from high school, dies, marries, joins the military, or in a few other situations.
Self-service solutions never work. Even if the obligee agrees to accept less child support, as far as authorities are concerned, the most recent legal paperwork is the only enforceable order. So, even in agreed cases, a Kerrville family law attorney must file formal papers.
Increasing Child Support Obligations
In contrast, if the obligor’s income increases, the child support obligation should generally increase as well. The same rules regarding material and permanent changes apply.
How does an obligee know if an obligor’s income increased? Lifestyle changes, like a new car or a larger house, often indicate such increases.
Usually, child support increases are retroactive to the filing date. Child support decreases typically aren’t retroactive.
Our Clients are Reassured They Can Rely on Our Family Law Expertise
We have a strong reputation in Kerrville as family law attorneys and can assist you in the following types of family law cases:
- Divorce
- Child support and custody
- Child visitation
- Grandparents’ rights
- Paternity testing
- Property division
- Alimony and spousal support
- Prenuptial agreement
- Postnuptial agreement
- Domestic Violence
- Adoption.
We represent our clients in an aggressive yet professional manner, offering compassion while also working hard to get the best results.
Our Child Support Attorneys are Ready to Represent Your Interests
We immensely appreciate the opportunity to represent you in your case. For a case review call the Amsberry Law Firm at (210) 354- 2244.
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 ]