If we share 50/50 possession, will I have to pay child support in Texas?
Having a 50/50 possession schedule does not automatically mean you will not pay child support. Texas has a guideline amount of support that is established in each case regardless of time spent in possession of the child(ren) or the income of the other parent.
The initial guideline amount of child support is based on the individual parent’s income. It is calculated as a percentage of the parent’s income, for example- for one child, it’s 20 percent of net earnings; for two children, it’s 25 percent; for three children, it’s 30 percent, and so on. It does not matter if the other parent is a pauper or a millionaire for the purposes of establishing this guideline amount.
The Texas Attorney General provides an online calculator for child support here.
In the case of a 50/50 possession, the court first looks at what the guideline amount is for those specific parents in that specific case. Then, the court can consider what each parent would pay to the other if they were not considered the primary parent, and often uses the difference of those amounts. But, there is no guaranteed outcome. Fundamentally, the court will look to the needs of the children and make sure those needs are able to be met in each household.
Child Support and Child Custody Laws in Texas
Raising a child is expensive, and it’s important for each parent to uphold their obligation to provide financial support for his or her child. If you are looking for support during your divorce or thinking about filing a child support claim, find a legal advocate who can clearly explain the intricacies of child support. You may have questions about how child support payments and orders can be modified, and a family law attorney can help you understand.
Read more about how common child support considerations on our blog about Child Support Costs in Texas.
Kelly J. Capps understands the complexities of child support and child custody. Contact us at Capps Law Firm, PLLC to speak with an experienced family law attorney and learn more about child support costs, support modifications, child custody modifications, or the enforcement of orders in Texas. Call Capps Law Firm, PLLC, at 512-410-2453 or email our Austin office today.
This article does not create an attorney-client relationship. Its purpose is to educate the public about the topic of Child Support. This article should not be seen as legal advice. You should consult with an attorney before you rely on this information.