San Antonio Attorneys Serving Bexar County & South Texas
The Law Offices of
Steven C. Benke
4018 Vance Jackson Rd. San Antonio, TX 78213
210-308-0004
3 4 8 - 6 7 2 3
1-800-DIVORCE
Email: BenkeLaw@sbcglobal.net
BOARD CERTIFIED - FAMILY LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
- DIVORCE
- ALIMONY COLLECTION
- CHILD SUPPORT COLLECTION
- PATERNITY
- ANNULMENT
- ADOPTION
- MODIFICATION
- ENFORCEMENTS
- CHILD CUSTODY
- CHILD SUPPORT
- CHILD VISITATION
- APPEALS
- GRANDPARENT RIGHTS
- PROTECTIVE ORDERS
- PARENTAL RIGHTS TERMINATIONS
- ATTORNEY GENERAL CASES
- SPOUSE ABUSE AND CHILD ABUSE
- INHERITANCE
- WILLS
- WILL CONTESTS
- POWER OF ATTORNEYS
- PROBATE
- SURVEILLANCE AND INVESTIGATION AVAILABLE
- CRIMINAL DEFENSE
CHILD SUPPORT COLLECTION
Within the last decade, it has become much more difficult for noncustodial parents to avoid their child support obligations, even across state lines. The increased efficiency of child support collections in recent years reflects two developments, one legal, the other technological. Congress enacted Title IV-D of the Social Security Act, which requires every state to locate noncustodial parents, establish and enforce child support payments, and collect and distribute child support. Every family receiving federal assistance is required to participate in the state child support enforcement program, and any other family may request state assistance in enforcing its right to receive child support.
ALIMONY COLLECTION
Alimony is also called "Spousal Maintenance" by the Texas legislature. Generally, in order to qualify, the person seeking alimony must have been married for ten (10) years and be unable to support themselves. The highest amount he or she can collect for spousal maintenance is the lesser of $2,500.00 or 20% of his or her former spouses income.
The court will look to various factors to determine whether alimony will be awarded. Such factors include, but are not limited to, the financial resources of the spouse seeking maintenance, the education and employment skills of the spouse, the duration of the marriage, the age, employment history, and earning ability. Mr. Benke and his staff look forward to discussing issues pertaining to alimony when you come in for your appointment.
DIVORCE
Divorce has significant personal, financial, and emotional impacts, whether the issues involved are contested or uncontested. We provide honest, straightforward legal advice and representation to clients seeking a divorce.
PATERNITY
Establishing paternity is the process of determining who is the father of the child. This can be done by voluntary acknowledgment of paternity, presumption that husband is father of the child, or DNA testing performed at a laboratory. Genetic testing may be done voluntarily or compelled by a court order requiring the alleged father to submit to the DNA testing. If the man is unavailable for testing for whatever reason, family members may be summoned to be tested. If you have an issue with establishment of paternity, we will are experienced and look forward to helping you with this matter.
ANNULMENT
The Texas laws offer limited means to obtain an annulment. Contrary to popular belief, length of marriage is not one of these means. The list of grounds for annulment is as follows:
-Marriage of a Person Under Age 14
-Marriage of a Person Under Age 18
-Underage Annulment Barred by Adulthood
-Discretionary Annulment of Underage Marriage
-Under Influence of Alcohol or Narcotics
-Impotency
-Fraud, Duress, Force
-Mental Incompetency
-Concealed Divorce
-Marriage Less Than 72 Hours After Issuance of License
-Death of Party to Voidable Marriage
If you believe you meet one of these criteria, you may qualify for an annulment. Mr. Benke and his staff are knowledgeable in this area of the law and look forward to talking with you about your possible qualification for an annulment.
MODIFICATION
If you have an existing court order that you would like changed, you need to have the court issue a modification. Such modification can be agreed to by the parties involved (e.g., you and your ex-spouse) or you may request a hearing so that the court can determine whether to grant the modification. Either way, the modification must be approved by the court. Approval of the modification is based on whether the person requesting the change can show changed circumstances. Modifications can be temporary or permanent. An example of a temporary modification is when the payor has a temporary change of income and may not be able to pay the original ordered child support. In contrast, a permanent modification may be effected by a disability of either parent or cost of living increase, just to name a few. If you would like more information about modifying a current court order, Mr. Benke and his staff will be happy to discuss this with you.
ENFORCEMENTS
Even when you win your divorce case, what do you do if your ex-spouse refuses to comply with the ruling? There are plenty of things you can do to enforce the terms of your divorce.
If an ex-spouse refuses to turn over property to you that was property awarded in the judgment, they can be brought back to court. There, the judge may ask why they should not be held in contempt of court (and be jailed) for refusing to obey the judgment.
If you are entitled to child support or alimony, you can sometimes garnish your former spouse’s wages or bank accounts directly to collect if necessary. There is also a debtor’s prison – the judge can put a support payer in jail for refusing to pay child support or alimony.
All fifty states now enforce each other’s support orders. There is a federal law that allows the tracking of social security numbers to locate support payers.
CHILD CUSTODY
Child custody orders are necessary to properly set out legal rights and times a child is to spend with each parent. To determine custody, the court will consider what is in the "Best Interest of The Child". Generally, the courts tend to favor awarding parents Joint Managing Conservatorship (JMC). JMC is when both parents have equal legal rights and one parent is awarded Primary Managing Conservatorship and the other Possessory Managing Conservatorship.
The Primary MC has two rights that the Possessory Conservator does not. One, the Primary MC can determine where the child resides, and two, the Primary MC can collect child support. The Possessory Managing Conservator has visitation privileges, usually in the Child Abuse.
WILLS - INHERITANCE - WILL CONTESTS
A will is an important part of the orderly administration of your affairs. If you die without a will, Texas laws will dictate how your property is distributed. That may not be what you want, however. For example, if you have minor children, under the intestate laws, the minors would have control of their inheritance as soon as they reach age 18. If you create a will, you can direct that the money go into a trust for the benefit of your children until they are older. If you die without nominating a guardian, a probate court will decide who takes care of your children. We are experienced Trial Attorneys who can assist you in filing Suit papers to contest a will or to dispute Probate proceedings. An example would be were children or a spouse is left out of a will or there has been a will created under duress, undue influence or fraud. Call us for assistance in filing papers in Probate Court.
Steven C. Benke, Attorney At Law
4018 Vance Jackson Road
San Antonio, TX 78213
(210) 308-0004
1-800-DIVORCE
Email: benkelaw@sbcglobal.net
