Address: 105 West Woodlawn Avenue, San Antonio, TX 78212-3457
(800) 932-6553 | (210) 732-6000
Frequently Asked Questions
FAQs
Frequently Asked Questions
Legal Fees
Who Is Responsible For Child Support Enforcement Fees? Custodial or Non Custodial Parent
If the court finds that the respondent has failed to make child support payments, the court shall order the respondent to pay the movant’s reasonable attorney’s fees and all court costs in addition to the arrearages. Fees and costs … may be enforced by any means available for the enforcement of child support orders, including contempt.
The Sinkin Law Firm’s child support enforcement fees: Our child support enforcement attorneys look to the court to order the non-custodial parent to pay the child support enforcement fees. We do not charge our clients attorney’s fees for child support collection cases.
Bankruptcy
Taylor v. Speck, 308 S.W.3d 81 (Tex. App. – San Antonio 2010, no pet.)
In this child support enforcement case, the noncustodial parent argued on appeal that the custodial parent waited too long to bring her child support collection case and that the unpaid child support was barred by dormancy.
The San Antonio Court of Appeals held that the recent amendment to the Texas Civil Practice and Remedies specifically removed unpaid child support from the judgments that are subject to dormancy. The Court upheld the trial court’s judgment of $237,248.96 in back child support and interest. The Court also ruled that provisional attorney’s fees may be awarded in the event the noncustodial parent files for bankruptcy.
This case is the first case awarding a child support obligee provisional attorney’s fees in the event the non-custodial parent files bankruptcy and the custodial parent must pursue the child support in the bankruptcy court. Note these attorney’s fees are not owed by the obligor unless the obligor files bankruptcy and the obligee has to go to bankruptcy court to protect the child support.
Dormant
The trial court awarded $113,656.37 in child support arrearages from a 1972 divorce in favor of the child support obligee against the child support obligor. The child support obligee sought child support collection and child support enforcement through a writ of withholding and a cumulative money judgement.
The child support obligor argued his child support obligation had become dormant. The appellate court disagreed, holding dormancy does not apply to an unpaid child support payment.
AFTER 10 YEARS
The trial court awarded $94,666.14 in child support arrearages from a 1968 divorce in favor of the child support obligee against the child support obligor. The child support obligee sought child support enforcement and child support collection by a cumulative money judgement.
The child support obligor argued the statute of limitations has run on this remedy. The appellate court agreed with the child support obligee, the ten year time period for a cumulative money judgement is not a statute of limitations on child support enforcement and child support collection.
WHEN DOES CHILD SUPPORT STOP
The Texas Family Code defines the termination of the duty to pay child support as the later of: age 18 or if the child is enrolled in a program leading to a high school diploma (not GED) AND complying with the attendance policies, the child support continues until the end of the month in which the child graduates. Texas has no provision for child support in college.
The other things that terminate the duty to pay child support are: child marries before age 18; child enrolls in military and leaves home; child dies; child’s is emancipated by a court order. Having a baby does not count unless the child is already married. If child moves in with a boyfriend or girlfriend, the appellate courts are split on whether the duty to support continues.
One of those other weird things – if child is in high school past 18th birthday and drops out the child support stops. If the child goes back into high school, apparently the child support duty is not reinstated so kid and mom are on their own. If child drops out at 16 or 17 and is not married or living on his/her own, child support continues until 18th birthday.
What Information do I need
I just turned 18 last April and now I would like to try to get the back child support my father owes me that has never been paid. What information do I need and how do I hire a child support enforcement lawyer?
The most important information an applicant can provide, aside from the non-custodial parent’s current address, is the name and address of the non-custodial parent’s current employer. If the current employer is not known, the name and address of the last known employer should be provided.
Additionally, the following information about the non-custodial parent should be made available:
Social security number and date of birth;
Names and addresses of relatives and friends;
Names of banks or creditors such as utility companies;
Names of organizations, unions or clubs to which the non-custodial parent belongs
And places where the non-custodial parent spends free time.
Grandparents
Under certain circumstances a grandparent can open a child support collection case to establish and obtain unpaid court ordered child support.
If a grandparent has been appointed the legal guardian of his/her grandchild and the grandparent needs help enforcing and collecting unpaid child support that was ordered by the courts, we can help the grandparent collect and enforce unpaid child support.
In many situations, the grandparent who is receiving government benefits such as TANF or Medicaid, may be asked to cooperate with the Attorney General’s office to establish a child support order with the biological parents of the child.
If the grandparent can provide proof that the child has been living with and under the supervision of the grandparent, then the grandparent should contact a child support attorney immediately.
A separate child support case will be opened with each non-custodial parent (mother and father), even if one or both parents live in the same household.
Excelling in creative solutions, our lawyers do whatever it takes to advocate for our clients. Our attorneys routinely take cases to court with children in their 20s, 30s, 40s and even 50s and have received and collected judgments for unpaid support and interest over $1,000,000. We can help you, too. Free Case Review
Call our law firm today toll-free at (866) 993-CHILD or at (210) 732-6000.
Children with Development Disabilities
Children with Development Disabilities This section of the blog will address the two most common developmental disabilities a family law practitioner faces in a conservatorship case: Autism Spectrum Disorders (ASDs) and Attention Deficit Hyperactivity Disorder. The explosion of these cases over the last fifteen years mandates that we provide our clients with guidance beyond the Family Code and the SPO as they struggle not only with a broken family, but with a child for whom getting through the day may be a struggle in itself. A. About Autism Spectrum Disorders Autism spectrum disorders (ASDs) are a group of developmental disabilities defined by significant impairments in social interaction and communication and the presence of unusual behaviors and interests.
Many people with ASDs also have unusual ways of learning, paying attention, or reacting to different sensations. The thinking and learning abilities of people with ASDs can vary – from gifted to severely challenged. ASD begins before the age of 3 and lasts throughout a person’s life. It occurs in all racial, ethnic, and socioeconomic groups and is four times more likely to occur in boys than girls.
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We collect and enforce child support throughout Texas, including San Antonio, Dallas, Fort Worth, Houston, Austin, Corpus Christi, Galveston, El Paso, Waco, Midland, Odessa, Del Rio, McAllen and Brownsville.