Wimberley Child Support Attorney

A child support order that matches your real finances and your child’s real needs, and that holds up when life shifts, is the outcome most parents want. The Law Office of Oprea & Weber is a boutique divorce and family law firm that handles child support cases for families in Wimberley and across Hays County, along with Travis, Williamson, and Bastrop Counties and the rest of Central Texas. Whether you are setting support for the first time, trying to change an order that no longer fits, or chasing payments that stopped arriving, we can help you get the order right.

Texas does not leave child support to guesswork. The guidelines apply a fixed percentage to the paying parent’s monthly net resources, with 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five. For six or more children, the amount is not less than the five-child figure. Those percentages apply only up to a statutory cap on net resources, and that cap is adjusted periodically. The formula looks simple on paper. Fights usually happen over what counts as income, who should pay for health insurance, and whether the guideline number fits a family whose finances do not look like a pay stub.

Wimberley families often have finances that are harder to pin down than a W-2 salary: self-employed contractors, short-term rental income, seasonal work tied to the Hill Country tourism economy, and Austin commuters whose earnings come in bonuses and commissions. How those income streams get counted can move a support figure significantly, and that is where careful preparation matters.

Why Choose Oprea & Weber for Child Support in Wimberley

The Law Office of Oprea & Weber serves parents in Wimberley, the rest of Hays County, and neighboring Travis, Williamson, and Bastrop Counties. Our attorneys, Kevin Weber and Karen Oprea, both graduated magna cum laude from the University of Michigan Law School. We are a boutique firm, which in practice means an intentionally manageable caseload and a lawyer who personally handles your case from the first consultation to the final order. You are not passed to layers of staff or junior associates, and you get direct attorney access and explanations in plain language.

Kevin Weber trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan. That background is useful in support cases because the hard questions are often financial: untangling business income, documenting what a parent actually earns, and building a position that holds up under scrutiny. Kevin also mediates family law disputes and represents clients in mediation, so he knows how support agreements get made and what makes them last. Karen Oprea 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. Her appellate experience sharpens how we build a record and anticipate problems in contested cases.

We prepare every case as though it could be tried, because that preparation is what gives a client leverage at the negotiating table. We also believe cooperation usually saves time, money, and strain, so we pursue agreed resolutions whenever the other parent is willing. Clients describe us as knowledgeable, thorough, and caring, and several have noted how Kevin translated legal language into information they could actually use.

Child Support Issues We Handle for Hays County Parents

Initial Support Orders in Divorce: When parents separate, support is set alongside conservatorship and possession. The amount depends on the paying parent’s net resources, the number of children, and the possession schedule the family adopts.
Support for Unmarried Parents: When parents were never married, a Suit Affecting the Parent-Child Relationship establishes legal parentage and sets custody, visitation, and support in one case.
Income Disputes for Self-Employed Parents: Business owners, contractors, and gig workers often have income that does not match a pay stub. We dig into bank records, tax returns, and business financials to establish a fair figure.
Wages, Bonuses, and Commissions: Net resources include all wage and salary income and other compensation for personal services, including commissions, overtime, tips, and bonuses, not just base pay.
Low-Income Obligors: When the paying parent’s monthly net resources fall under $1,000, a reduced set of percentages applies: 15% for one child, 20% for two, 25% for three, 30% for four, and 35% for five or more.
Modification of Existing Orders: Orders can be changed after a job loss, a raise, a change in the children’s needs, or a shift in the parenting schedule. The route you take depends on how long the order has been in place.
Enforcement of Unpaid Support: When a parent stops paying or pays only part, we pursue enforcement so the order means what it says.
Departures From the Guidelines: A court may deviate when the guideline amount would be unjust or inappropriate, for example when a child has extraordinary medical needs.

Practical Steps If You Need to Set, Change, or Collect Support

Start by gathering paperwork before you do anything else. For setting or modifying support, that means recent pay stubs, the last couple of years of tax returns, bank statements, records of any side or business income, health insurance costs for the children, and any childcare expenses. If you are the parent seeking support and you do not know the other parent’s income, say so early. Discovery exists to fill that gap, and we can help you request what is needed.

Next, figure out which kind of case you are in. If you are divorcing, support is decided inside the divorce, which cannot be granted until the 60th day after the petition is filed, and agreement between spouses does not shorten that wait except in narrow family violence situations. To file for divorce, one spouse must have lived in Texas for six months and in the county of filing for 90 days. If you were never married, support is established through a Suit Affecting the Parent-Child Relationship. If you already have an order, the question is whether to modify or enforce it.

Family law cases from Wimberley are filed in the district courts of Hays County, which sit in San Marcos. Hays County also has an Associate Judge for family court matters, and family law filings go through the District Clerk’s Office there. If one parent lives in a neighboring county, where the case belongs can depend on where the child lives and where any earlier order was issued, so confirm venue before filing anything. Travis County, which includes parts of the Austin area many Wimberley parents commute to, has its own family courts and publishes a standing order for family law cases, and Williamson and Bastrop Counties have their own district courts as well.

A few mistakes come up again and again. Parents agree informally to lower or skip payments and assume that settles it. It does not; only a signed court order changes the obligation, and past-due amounts can remain owed. Parents also stop paying while they wait to modify, which can hurt them badly, because a modification generally cannot erase support that came due before the request was filed. If your circumstances have changed, file promptly. And if you are the receiving parent, keep your own records of every payment received and missed, because clean records make enforcement far simpler.

When a Support Order Can Be Modified in Texas

There are two main routes to changing child support. The first is a material and substantial change in circumstances, such as a significant income change, a change in the child’s needs, or a change in who has the child and for how long. No minimum waiting period applies to this route. Incarceration of the paying parent for more than 180 days also counts as a material and substantial change.

The second route is time-based. If three years have passed since the order was made or last modified, and the current monthly amount differs from what the guidelines would produce by either 20 percent or $100, a modification may be available even without a dramatic life event. This is the route many parents miss, because income drifts gradually and an old order can fall well out of line without anything dramatic happening.

If the original support amount was agreed to and differs from the guidelines, the rules are tighter. In that situation, a court may modify only when circumstances have materially and substantially changed since the order was made. That is one reason to treat a support agreement seriously at the outset instead of accepting a number just to end the conflict.

Possession changes also affect support, and Texas recently changed the default schedule. For new orders where the parents live within 50 miles of each other, the Expanded Standard Possession Order, with Thursday overnights and weekends running through Monday morning, is now the default. Parents with older orders must file a modification to adopt it. Changing a schedule can ripple into support, so the two issues should be evaluated together.

Frequently Asked Questions About Child Support in Wimberley and Hays County

How is child support calculated in Texas?

Texas applies a percentage to the paying parent’s monthly net resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five. For six or more children, the amount is not less than the five-child figure. The percentages apply only up to a cap on net resources that is adjusted periodically, and the court can depart from the guideline amount when it would be unjust or inappropriate.

What counts as income for child support?

Net resources include all wage and salary income and other compensation for personal services, including commissions, overtime, tips, and bonuses. Self-employment and business income, interest, rental income, and other regular sources are also considered, after allowable deductions.

When does child support end in Texas?

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

Can we agree on a different amount than the guidelines?

Yes, parents can agree to an amount that differs from the guidelines, and the court can approve it if it serves the child. Be careful, though. If you later want to change an agreed-upon amount that departed from the guidelines, you must show a material and substantial change in circumstances since the order was made.

How soon can I ask to modify child support?

If your circumstances have materially and substantially changed, you can ask right away. If nothing dramatic has changed, you can still seek modification once three years have passed since the order was made or last modified and the amount differs from the guideline figure by 20 percent or $100.

What if the other parent is self-employed and I cannot tell what they earn?

Discovery is the tool for this. We can request tax returns, business bank statements, profit and loss records, and other documents that reveal real income. Cash-heavy or irregular income is common among Hill Country contractors and small business owners, and a careful records review often shows more than the parent chose to report.

Does my child support obligation change if I lose my job?

Not automatically. The existing order stays in force until a court changes it, and unpaid amounts keep accumulating. A job loss may qualify as a material and substantial change, but you need to file for modification promptly rather than simply stop paying.

If I have children with someone else, does that reduce what I owe?

It can. The guideline percentage is adjusted when a parent supports children in other households, which can lower the figure for the case in front of the court.

Can I get child support if I was never married to the other parent?

Yes. Unmarried parents can establish legal parentage and set support through a Suit Affecting the Parent-Child Relationship. Where a child has a presumed father, a proceeding to adjudicate parentage generally must be started by the child’s fourth birthday unless an exception applies, so timing matters.

Is it worth hiring a lawyer for a straightforward support case?

Often, yes, because the order will govern your finances for years. Even when the guideline math looks simple, mistakes in how income is counted, how insurance is allocated, or how an agreement is drafted can be expensive to fix later. Many support cases settle without a contested hearing, and a lawyer helps make sure the agreement you sign is one you can live with.

What can I do if the other parent stops paying?

You can file an enforcement action to compel payment of what is owed. Keep records of every payment received and every payment missed, since a clear history makes the case much stronger.

Serving Child Support Clients From Wimberley Across Central Texas

We represent parents in Wimberley and throughout Hays County, including Dripping Springs, Kyle, Buda, San Marcos, Driftwood, and Woodcreek, along with the Hill Country communities that surround them. Because many Wimberley families have ties to the Austin area through work or co-parenting, we also serve clients across Travis County, including Austin, Lakeway, Bee Cave, Manor, Pflugerville, and Del Valle, as well as Williamson County communities such as Round Rock, Georgetown, Cedar Park, Leander, Hutto, and Taylor. In Bastrop County, we work with families in Bastrop, Elgin, Smithville, and Cedar Creek. Wherever you are across these four counties and the wider Central Texas region, we handle support cases in the district court that has jurisdiction over your family’s situation.

Talk With a Wimberley Child Support Lawyer Today

Whether you need to establish support, change an order that no longer fits, or enforce one that is being ignored, a conversation with a Wimberley child support lawyer is a good place to begin. At The Law Office of Oprea & Weber, your attorney personally handles your case and explains your options in plain language. Call us to schedule a consultation, and we will look at your situation and help you decide on a path that works for your child and your finances.