Lawyer R. T. Willis is a family law attorney providing aggressive representation in matters involving divorce, child support disputes, child custody matters, enforcements, and modifications.
Every divorce is different with a different set of circumstances surrounding the reasons and outcome. It's best to have an attorney that understands this and can work with you based on your own set of circumstances.
If your case involves a divorce and/or child custody, the Standard Possession and Visitation in Texas provides for close to a 50/50 schedule for parents regarding contact with your child or children. Clearly, your case may be much more complex and the attorney will guide you depending on your particular circumstances.
Parents are all highly encouraged to work together in these situations to cause as little stress or conflict with the children as possible. Unfortunately, from time to time there will be a parent that for whatever reason may not deal with the situation in a mature, adult manner and will attempt to scheme or exclude the other parent from the children's lives. They may enroll a child in so many extracuriclar activities that the child is unable to "go on visitation." They may plan a family vacation during the other parent's extended summer visitation. In other cases, a parent just may refuse to turn the child over. In these cases it is necessary to bring an enforcement action.
Generally speaking only, in Texas, both the mother and father can be ordered to pay child support. One parent may be deemed the managing conservator (the parent the child actualy resides with) while the other is ordered to pay support along with medical insurance. Child support is generally calculated based upon a percentage of net resources. Net Resources means after tax income with a deduction for one sigle payer, health insurance and union dues. For the first child in Texas, child support is calculated at 20% of net resources, the second child 25% and the third child 30%. Texas does have a cut off depending on income but child support can also be decided based on a greater income.
Wage withholding Orders are also sometimes included as child support is an obligation to support a child. Wage withholding Orders are sent directly to the parent's workplace and the child support is withheld from their pay. It is then sent to the dispursement unit (generally in San Antonio) and from there is sent to the receiving party. It takes a few weeks for the initial payments to be sent as the file has to be sent from the court, it has to be set up there and then processed. The attorney has no control over the amount of time it takes to receive your first child support payment. It is usually always included that a party cannot pay the other party directly and to do this outside of the order could force you to forfeit these payments.
The party ordered to pay child support is generally also ordered (but not always) to maintain health insurance on the child. Along with a wage withholding order a medical support order may be sent. Usually, both parties are ordered to pay 50% each for any out of pocket medical and dental expenses.
The Texas Attorney General can bring an action to enforce child support payments but they cannot represent you as an attorney. Child support enforcement is one of the most common actions brought by the the AG's office. Many times they do not get the amounts correct though and trying to get corrections can take an inordinate amount of time.
Divorce and child custody cases are probably the most contentious cases with emotional stresses being very high. You need a good attorney that understands this and can represent you based on your particular circumstances.
Call our office today at 281-542-9555 to schedule your initial consultation!