San Marcos Child Support Attorney

A child support order sets the financial terms of raising a child for years, and in Hays County it gets decided by a judge who will never meet your family outside a hearing room. The Law Office of Oprea & Weber is a boutique divorce and family law firm that handles child support, custody, paternity, and modifications for parents across Hays, Travis, Williamson, and Bastrop Counties.

Texas does not leave the amount to negotiation alone. The Family Code sets a guideline formula, and judges start from it. The real work happens around the edges: what counts as income, whether a parent’s earnings are being understated, whether a child’s medical needs justify going above the guideline, and whether an existing order still fits the family’s life.

How Texas Calculates Child Support for San Marcos Families

The guideline is a percentage of the paying parent’s monthly net resources. For one child it is 20 percent, for two children 25 percent, for three 30 percent, for four 35 percent, and for five 40 percent. With six or more children, the amount is not less than the five-child figure. If the paying parent’s net resources fall below a low-income threshold, a lower schedule applies, starting at 15 percent for one child.

The percentages apply only up to a ceiling on monthly net resources. That ceiling is set by the state and adjusted periodically for inflation, so it is worth confirming the current number rather than relying on an old calculator. A court can order more than the guideline amount on income above the ceiling, but it needs evidence of the child’s actual needs to do so.

“Net resources” is broader than a paycheck. Wages and salary count at 100 percent, along with commissions, overtime, tips, and bonuses. In a university town like San Marcos, where many parents piece together income from several sources, this definition matters. Self-employment income, rental income, and other earnings can all be pulled into the calculation, and the fight is often about what the real number is rather than what the formula says.

The Child Support Issues We See Most Often

Initial Orders in a Divorce: Child support is set as part of the final decree, usually alongside a possession schedule. The percentage is tied to the paying parent’s net resources, and the order should also address health insurance and uninsured medical costs.
Orders for Unmarried Parents: When parents were never married, a Suit Affecting the Parent-Child Relationship (SAPCR) establishes custody, possession, and support in one case, and a father’s legal parentage must be established first if it has not been already.
Disputes Over Income: Parents who are self-employed, paid in cash, or running a business can have a very different real income than what appears on a tax return. Discovery into bank records, business accounts, and tax filings is often necessary.
Deviations From the Guidelines: A court may depart from the formula when it would be unjust or inappropriate, for example when a child has extraordinary medical or educational needs or when the paying parent supports children in another household.
Modification After Circumstances Change: Job loss, a significant raise, a change in the child’s needs, or a shift in the possession schedule can justify revisiting an existing order.
Enforcement of Unpaid Support: When a parent stops paying or pays only part of what is owed, enforcement actions can be filed to collect arrears and compel compliance with the order.
Support Tied to Possession Changes: A move to the Expanded Standard Possession Order, or a change in who has the primary residence, can affect how much support should be paid and by whom.
Paternity Questions That Affect Support: Support obligations depend on legal parentage, and time limits apply to challenging an existing presumption or acknowledgment of paternity.

What to Do If You Need to Set, Change, or Enforce Support

Start by collecting documents before you talk to anyone. For setting or modifying support, that means recent pay stubs, the last two or three years of tax returns, bank statements, and records of what you spend on the child’s health insurance, child care, and medical expenses. If the other parent’s income is unclear, write down what you know about their employer, side work, or business. Specifics help far more than suspicion.

Cases involving San Marcos families are filed in Hays County. Family law matters there are heard in the district courts, which sit in San Marcos, and the District Clerk handles filings. Hays County has district judges and an Associate Judge for family court, so many hearings, particularly on temporary issues and support, may be heard at the associate level. If the child lives in a different county, or if the other parent lives in Travis, Williamson, or Bastrop County, venue and jurisdiction questions can arise, and it is worth sorting that out before filing rather than after.

If you are seeking to change an existing order, understand which route you are on. A modification can be requested when three years have passed since the order was signed or last modified and the monthly amount differs from the guideline figure by either 20 percent or $100. Alternatively, you can show a material and substantial change in circumstances, and no waiting period applies to that route. If the original amount was something the parents agreed to that departed from the guidelines, the court may modify only if circumstances have materially and substantially changed since the order was made. Incarceration lasting more than 180 days also counts as a material and substantial change.

The most common mistake is informal side agreements. Two parents decide to adjust the payment amount between themselves, or the receiving parent says not to worry about a missed month. Those arrangements do not change the order. The court-ordered amount keeps accruing, and an unwritten understanding is a poor defense if the relationship sours. If the arrangement needs to change, the change should be made through the court. The other common error is waiting. A modification generally operates going forward from the filing, so delaying a request for a change costs money you cannot get back.

When a Support Order Is Tied to Custody and Possession

Support rarely stands alone. The possession schedule, who holds the right to designate the primary residence, and the child’s day-to-day needs all feed into the support conversation. Under current Texas law, the Expanded Standard Possession Order, which adds Thursday overnights and extends weekends through Monday morning, is the default for new orders when the parents live within 50 miles of each other. Parents with an existing order must file a modification to move to the expanded schedule.

Changing the primary residence is a separate and more demanding request. It requires a material and substantial change in circumstances and a showing that the change serves the child’s best interest. Among the recognized grounds are a child who is at least 12 telling the judge in chambers which parent they prefer, and a conservator who voluntarily gave up primary care of the child for at least six months. When a request to change the primary residence is filed within a year of the original order, a supporting affidavit is required, with specific allegations about danger to the child’s physical health or emotional development or about the primary conservator’s consent or voluntary relinquishment.

The practical point: if a custody change is on the table, the support number follows it. Raising both issues together, and in the right order, keeps one court request from undermining the other.

Why Parents Hire Oprea & Weber for Child Support Cases

The Law Office of Oprea & Weber is a boutique divorce and family law firm serving families in Hays County and San Marcos, along with Travis, Williamson, and Bastrop Counties and the surrounding Central Texas region. Kevin Weber and Karen Oprea, both attorneys, graduated magna cum laude from the University of Michigan Law School. Kevin trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, which is useful when a support case turns on tracing business income or competing financial records. Karen has briefed and argued cases before the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Courts of Appeals, and the New York appellate courts, which shapes how the firm builds a record and frames legal arguments.

Your attorney personally handles your case from the first consultation to the final order. The firm keeps its caseload intentionally manageable, so you are not handed off to layers of staff or junior associates, and you get direct attorney access and explanations in plain language. Kevin also mediates family law disputes and represents clients in mediation, so he knows what makes a support agreement hold up once the parents leave the room.

The firm prefers resolving support through cooperation when that is realistic, because agreements are faster and cheaper than hearings. But every case is prepared as though it could be tried, and that preparation is what gives a client leverage at the table. Clients describe the firm as knowledgeable, thorough, and caring, and several mention feeling supported and heard through an emotional process.

Questions Parents Ask About Child Support in San Marcos

How much child support will I pay or receive in Texas?

The starting point is a percentage of the paying parent’s monthly net resources, 20 percent for one child and rising with each additional child, up to a state-set ceiling on the income to which the percentage applies. The final number depends on the net resources figure, any other children the payor supports, and whether the court finds a reason to depart from the guidelines.

Does child support change if parents share time equally?

Not automatically. The Texas guidelines are built around the paying parent’s net resources, not a formula that credits overnights. An equal schedule can influence the discussion, and courts have room to depart from the guidelines when it would be unjust, but the guideline percentage remains the starting point.

When does child support end?

Support generally continues until the child turns 18 or graduates from high school, whichever is later, as long as the child stays enrolled and meets attendance requirements. Support for a disabled child who cannot support themselves may continue beyond that.

What counts as income when the other parent is self-employed?

Net resources include wages, salary, commissions, overtime, tips, bonuses, and other compensation for personal services, and they reach income from self-employment and other sources as well. When a parent controls their own pay, the question becomes what the business actually generates, which usually requires bank statements, tax returns, and business records.

Can I modify support right after the order is signed?

Yes, if there has been a material and substantial change in circumstances, and no minimum waiting period applies to that route. The other route, based on the amount differing from the guideline by 20 percent or $100, requires three years since the order was signed or last modified.

What if our support amount was agreed, not calculated from the guidelines?

If the parents agreed on an amount that differs from the guidelines, a court may modify it only if circumstances have materially and substantially changed since the order was made. The three-year guideline-difference route does not apply in the same way, so the original agreement carries real weight.

Does a parent going to jail affect child support?

Incarceration of more than 180 days is treated as a material and substantial change in circumstances and can support a modification request. Until a court changes the order, however, the existing amount keeps accruing, so waiting to file is risky.

If I was never married to the other parent, can I still get support?

Yes. A SAPCR suit can establish parentage, conservatorship, possession, and support together. Legal parentage must be established first if it is not already, either through an acknowledgment of paternity or a court adjudication.

Can I challenge a paternity acknowledgment to get out of paying support?

An acknowledgment can be rescinded within 60 days of signing. After that, it can be challenged only on grounds of fraud, duress, or material mistake of fact, and time limits apply to other paternity challenges. Questions about paternity are time-sensitive and should be raised with a lawyer quickly.

Will a child support case end up in front of a judge?

Most do not reach a full trial. Support is often resolved through negotiation or mediation, with the agreement submitted for the court’s approval. If the parents cannot agree on income or on whether to depart from the guidelines, a hearing may be necessary, and preparing for that possibility is what keeps negotiation honest.

What if the other parent lives outside Hays County?

Venue and jurisdiction depend on where the child lives and where the parents live. A parent in Travis, Williamson, or Bastrop County does not necessarily mean the case moves, but it can raise questions about which court should hear it. Sorting that out before filing avoids wasted time.

Child Support Representation Across Hays County and Central Texas

We represent parents in San Marcos and throughout Hays County, including Kyle, Buda, Dripping Springs, Wimberley, Niederwald, Mountain City, Uhland, Hays, and the surrounding communities between Interstate 35 and the Hill Country. We also serve families in Travis County, including Austin, Manor, Pflugerville, Lakeway, and Bee Cave; in Williamson County, including Georgetown, Round Rock, Cedar Park, Leander, Hutto, and Taylor; and in Bastrop County, including Bastrop, Elgin, and Smithville.

Whether the support order was issued in a San Marcos courtroom or elsewhere in Central Texas, the questions are similar: what the paying parent really earns, what the child needs, and whether the order still fits. Our attorneys work with parents at every stage, from the initial order through modification and enforcement.

Talk With a San Marcos Child Support Attorney

If you need to set, change, or enforce a support order, a conversation with a San Marcos child support attorney at Oprea & Weber can clarify where you stand and what a realistic outcome looks like. Call to schedule a consultation, and bring whatever income records and existing orders you have. You will talk directly with an attorney who will be handling your case from start to finish.