San Antonio Child Support Attorneys
Modifications, Enforcement and Defense
In Texas, the Courts presume that it’s in a child’s best interest for both parents to share joint conservatorship of the child. This means the parents share most rights, duties and choices regarding the child, but one parent has the right of primary to determine where the child lives and goes to school. The other parent has visitation times and is often ordered to pay child support.
Under the Texas Family Code, the courts will consider parenting history and experiences of the parents involving the child(ren) in that case. This includes where the child physically lived most of the time and which parent made most of the classic questions of parenting, including but not limited to: educational decisions, medical care, who spends time caring for and nurturing the children.
Other factors the courts can and often will consider are the age of the children, their current health and physical/mental needs, the physical location and space available for the child to live in. Remember, the one and only question before the court in these matters is what is in the BEST INTEREST OF THE CHILD.
Similarly to child support modifications, a parent can petition the court to modify or change the current order but only when they have shown the court that material and significant changes in the circumstances of the parties have changed, AND the changes are in the best interest of the child.
Relocating a child often comes up when the child’s parents are military or because of other economic factors. Depending on the circumstances and the age of the child, the court handles these cases with the most care. Relocating a child means removing him or her from her friends, family and support structure.
You need experienced child advocates who understand the issues that the court will consider and most importantly, your child’s needs in this difficult process.
Contempt, Enforcement and Defense
Debtors’ prisons are illegal now in the United States. The days of owing people money and being thrown into jail if you cannot pay these debts are almost all but nonexistent. However, child support under chapter 153 of the Texas Family Code and spousal maintenance under Chapter 8 of the Texas Family Code are exceptions.
In Texas, if a party is properly noticed and ordered to pay one or both of these obligations and fails to meet these requirements, they can be ordered by the court to pay up to $500 for each violation and/or up to 180 days in county jail for each violation.