Child support is a critical element of a child custody case in Texas.  In the majority of cases, one party or the other does end up paying child support.  Here are several important factors to consider in determining whether or not you would have to pay child support (or if you would receive it) and, if so, how much that would likely be:

  1. What is the possession schedule?  If Parent A has primary custody and Parent B has a standard possession order or expanded standard possession order, then Parent B will almost universally pay guideline child support.  However, if Parent A and Parent B have a 50/50 schedule, then the issue of child support is not as clear cut.  If they have some other unique possession schedule, we would look at the percentage of time the child has with each parent and go from there.
  2. If there is a 50/50 possession schedule, what are the incomes of the parties?  There is nothing in the Texas Family Code about 50/50 possession or about what to do with child support when the parties have a 50/50 schedule.  However, I see 50/50 possession schedules on a very regular basis.  If Parent A earns a very high income (well over the child support cap of $8,550 per month in net resources) and Parent B earns a very low income or no income, Parent A will likely still pay guideline child support, even with a 50/50 schedule.  If Parent A’s income is not super high but Parent A makes more than Parent B, then we will usually see a child support offset.  That means we would calculate what Parent A would pay under the guidelines, calculate what parent B would pay under the guidelines, and the parent who makes more (Parent A) would pay the difference.   Sometimes with 50/50 schedules, parties will reach agreements on splitting expenses (daycare, extracurricular activities, etc.) instead of having one party pay child support.
  3. What are the child support guidelines?  The Texas Family Code provides guidelines for calculating child support.  To calculate child support, you simply multiple the paying parent’s net monthly resources (up to the cap of $8,550) times the percentage applicable.   The guideline calculations are easy if the paying parent has no other children to support.  Those guidelines are as follows:  1 child (20%), 2 children (25%), 3 children (30%), 4 children (35%), and 5+ children (40%).  If the paying parent has other children to support, there is a chart that shows the various percentages based on the numbers of children.  For example, a parent with one child in the current case and one other child to support would pay 17.5% under the guidelines instead of 20%.
  4. Can we agree to no child support?  That depends on a few factors, such as the possession schedule, the income of the parties, and whether there are extenuating circumstances that would weigh in favor of no child support.  I have seen many parties agree to no child support, but I have also seen a few judges balk at it.

The best way to determine whether or not you would need to pay child support (or whether or not you would receive child support) in any particular case is to speak with a knowledgeable family law attorney.

Child Support

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Many people use the term “custody,” but custody is not actually a term you would find in a Texas order.  The order will discuss conservatorship (rights and duties) and possession and access (the schedule).  When most people say “custody,” they are thinking about the schedule.

A large number of custody arrangements involve a standard possession order.  With a standard possession order, the noncustodial parent (the parent who does not have primary custody) would have the child for the first, third and fifth weekends of the month (usually from Friday at 6 pm until Sunday at 6 pm), one evening during each week (usually from 6-8 pm), every other holiday and thirty days in the summer (42 days if the parties live more than 100 miles apart).

Now many families opt for an “expanded standard possession order,” which gives the noncustodial parent the first, third and fifth weekends from Friday after school through Monday morning and every Thursday overnight.  It includes the same holidays and summer schedule as above.

Some families opt for a true 50/50 possession schedule, with each parent having the children half of the time.  Some people choose a week on, week off schedule.  Others split the week such that one parent has Monday and Tuesday, another has Wednesday and Thursday, and they alternate weekends.

If the parties are going to agree, they can basically choose any possession schedule that works for their family and a judge will approve it.  If the parties are not going to agree, my experience is that most judges will opt for either a standard possession order or an expanded standard possession order.

child custody pic

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