Archive for January 28th, 2011

Child Support Enforcement Attorney Fees

Friday, January 28th, 2011

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.

Sinkin Marvel’s child support enforcement fees:  Our child support enforcement attorneys,  look to the court to order the noncustodial parent to pay the child support enforcement  fees.  We do not charge our clients attorney’s fees for child support collection cases.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

Tags: Child Support Attorney Fees, Child Support Enforcement Cost
Posted in Attorney Fees | No Comments »

Bankruptcy & Child Support

Friday, January 28th, 2011

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 noncustodial 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.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

Tags: Attorney Fees, Bankruptcy, Child Support, Child Support Enforcement, Unpaid Child Support
Posted in Bankruptcy Child Support | No Comments »

When Does Child Support Stop

Friday, January 28th, 2011

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.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

Tags: Child Support Enforcement, Texas Child Support Law, Texas Family Law
Posted in Non Custodial Parent Laws | 1 Comment »

Is My New Spouse Responsible For Past Due Child Support

Friday, January 28th, 2011

I’m About to Get Married & Discovered My Fiance IS Behind On Child Support

New spouse’s assets are never responsible for child support. Any community income (which may include interest earned on wife’s accounts) is subject to lien and for child support. Community property acquired during the marriage is subject to child support (except homestead).

Court may find obligor voluntarily or intentionally unemployed if he does not work and is supported by wife.

Law Offices of Sinkin & Marvel - 866-933-CHILD(2445) | 210-732-6000
105 W. Woodlawn Ave. San Antonio, TX 78212

Tags: Child Support Arrears, Child Support Enforcement, Unpaid Child Support
Posted in Unpaid Child Support | No Comments »