When it come to child support, Texas has a set of statutory guidelines that depend on a number of factors, such as how much a person
makes and how many other kids they have to support. It is very rare to get around the guidelines, unless you have some
particularly unusual circumstances.
In some case, a person can be made to pay child support from the date the child was born, even if they were not aware they were the father ("Retroactive support"). Unpaid child support accrues interest at a 10% rate, which adds up very quickly and makes it virtually impossible for some people to get caught up.
If a person does get behind in child support, there are certain defenses. If a person is truly disabled, and has tried every way possible to come up with money but couldn't, the judge may be open to giving that person some more time to get caught up. However, being unemployed is not necessarily enough, as some judges may find that a person is "intentionally under-employed", and assume you could make at least minimum wage if you did have a job.
We handle both the enforcement and defense side of child support. When it comes to enforcement, we will call the other party into court and push to get all the back pay you deserve. We will also fight to make the other side pay for your attorney’s fees. When it comes to defense, we will review the case to see if you are legally obligated to pay support under the law. We will try to make sure that you are not overcharged, and that you are given credit for any amount you have actually paid, but that has not shown up in the records. If you are really behind we can usually work on a compromise settlement, whereby you get on a payment plan and avoid going to jail.
The Gordon Law Firm, P.C. | Ph: (210) 531-9700 | Fx: (210) 732-0158 | Email: Lawgordon@aol.com
If you have even the slightest doubt about the paternity of the child, you must request testing as soon as possible. If you wait too
long (typically 4 years after you are first assumed to be the father), you will lose your right to challenge the paternity. There
have been cases of men who have found out later and are still forced to pay child support even after DNA tests prove they are not
the biological father.
If you are seeking enforcement or modification, we can help you as well. You may want to try the Attorney's General's Office for enforcement
first if the issue is child support, but they are typically very overloaded, and not likely to give you the kind of one-on-one attention
your own lawyer can. Furthermore, they do not always utilize all the latest enforcement tools available under the law.
We can also help you in a defense against Motion to Enforce or Motion to Modify. The key to look at these kinds of cases is what proof you and the other party have. Is there documentation backing up the claim? Has a police report of the alleged violations been made? Are there independent witnesses who can support one party’s side of the story over the other person’s? Are there school records, medical records, or business records of some kind?
When it comes to modification, you have to look at whether there has really been a significant change in the circumstances of the child or either of the parents. It is also important to know how long it has been since the last order. For example, if the issue is modification of custody or visitation has it been less than a year? If so, the standard for getting a change approved is much higher. You must generally show that there is a change which will “significantly” affect the child’s emotional well-being.
If the issue is child support, then it is important to know if more than 3 years have passed since the original order. If not, there must have been a significant change in the party’s income.
A grandparent in Texas can get limited visitation with their grandchild in certain cases. They have to show that it would result
in a “significant improvement” in the child’s well-being for the grandparent to be granted visitation. A grandparent is not typically
allowed to get what we call “custody” (including basic parental rights), but only “possessory” rights (basically visitation). However,
if the parents have voluntarily turned over the child to the grandparents for a 6 month period, the grandparent can ask for custody.
If the grandparents feel as if the child is in imminent danger, they can always contact Child Protective Services (CPS) to file a
report and get an investigation started.
Cases brought by Child Protective Services (CPS) can be very tricky. If a parent is accused of some kind of neglect or abuse, they
could face not only the removal of their children but also potential criminal charges as well. There is a fine line to walk in terms
of showing CPS you are willing to cooperate, and also protecting your rights not to give statements without an attorney present and
your right not to have unwarranted intrusions into your home.
If CPS has evidence that the child is in imminent danger they can
secure a court order to seek temporary removal of a child from the home (typically no longer than 72 hours). It must notify the parents
of the legal basis for this action and the parents have a right to a prompt hearing to challenge the removal.
Important: Click here to read a Disclaimer in regards to the following information.
Attorney Stephen H. Gordon - Voted Texas “Super Lawyer” in 2007 by “Scene in SA” Magazine.
HONEST. HARD-WORKING. HERE TO HELP.
Stephen H. Gordon - Attorney at Law
5820 IH-10 West, Suite 400 - San Antonio, Texas 78201
Ph: (210) 531-9700
| Fx: (210) 732-0158 | Email: Lawgordon@aol.com
