How Is Child Support in Texas Calculated in Cases of Joint Custody?

If you’re in the midst of a divorce, you probably already understand that child support and child custody or some of the most difficult things to work through. Talk with a child support lawyer in Houston, TX to get experienced to help with your divorce and protect yourself and your family.

How Is Child Support in Houston, Texas Calculated in Cases of Joint Custody?

Defining Our Terms and Concepts

In Texas, parents can have managing conservatorship or possessory conservatorship of their child. Both types of conservatorship can be joint or sole, and the two are not necessarily connected. In other words, a parent can have managing conservatorship but not possessory conservatorship. Possessory conservatorship is the Texas term for what most people would call physical custody. Managing conservatorship refers to the right of a parent to make important decisions in their child’s life, such as about medical care, religious upbringing, or where they go to school.

Child support in Texas is something a parent owes to the child, not to the other parent. The point of child support is to ensure that a child has a similar standard of living, no matter which parent they live with. If they only live with one parent, then naturally the other parent would almost always be paying child support. But when the parents share custody, things can get a little more complicated. It’s important to understand that, no matter what the situation, the goal of the court is always to arrange things in the “best interests of the child.” This means that the ultimate factor in deciding child support is not the financial situation of either parent or the custody arrangements but the needs of the child.

At the same time, the Texas family code also does put limits on child support and provides a method for calculating it. This calculation is determined by looking at the net resources of the paying parent. Net resources are calculated by taking a parent’s gross income and then subtracting income tax, Social Security tax, any health insurance being paid for the child, and some other basic necessities. The general guideline of the court is to order the paying parent to pay 20% of their net income for one child, 25% for two, 30% for three, 35% for four, 40% for five, and not less than 40% for six or more children. For people who qualify as low income, these percentages are reduced by 5% in each case. There are also some reductions if a paying parent has other children from another marriage or relationship.

How Joint Custody Affects the Situation

Even in a joint custody situation, it’s often the case that one parent is the primary conservator. That means they spend more time with a child and thus spend more in everyday expenses, like food and utilities. This often happens simply because one parent lives closer to the child’s school or has a more favorable work schedule that allows them to spend more time with the child. If this is the case, then the court will assume that the parent who is spending more time with the child is spending more money, too, and will typically order at leasts some child support from the other parent to even things out.

In cases of true 50/50 custody, if both parents have similar incomes, then the court may not order child support. The parents will likely just be ordered to share medical and dental insurance costs equally and then be expected to cover all expenses for the child during the time that the child is with them. The court may also order both parents to split other types of larger expenses, like school tuition.

In cases of 50/50 custody where one spouse makes a significantly larger income, child support is much more common. The idea here is to make sure that the child has the same living standard, no matter which parent they are with. The spouse with the higher income will usually be required to pay the difference so that the child’s living experience remains the same. Again, the main consideration is always the best interest of the child.

Other Child Support and Custody Questions

Should I Get a Child Support Lawyer?

In most cases, it’s a wise move to have a lawyer who’s familiar with the Family Law Code and the local court system. Whether you are in need of support or are being asked to pay support and believe the amount is unfair, a lawyer can help you make a case for what’s best for your child while also bearing in mind your needs and goals. If you believe that a spouse is hiding assets or otherwise trying to get out of their responsibilities regarding the child, your lawyer can also investigate and help you there, too.

Can Child Support Ever Be Changed?

Child support orders can be changed whenever there is any significant change in the circumstances of either of the parents or the child. For example, if one of the parents were to lose their job, or to receive a big raise, this might be grounds for seeking a change to the child support orders. If a child were to become disabled, this would also justify revisiting the child support orders to see if more is needed to care for the child.

Can Parents Decide What to Pay?

Yes! In fact, the courts encourage a divorcing couple to decide all aspects of the divorce, including child support and child custody, together if at all possible. Sometimes the court will order mediation to help a couple come to a mutually agreeable decision on all the important matters of their divorce. If you and the child’s other parent can come to an agreement about child support, this would allow you to retain a lot of control over your own family’s life. However, any agreement must be reviewed and approved by the court. Again, the court’s job is to make sure that the agreement is in the best interests of the child.

What If a Parent Won’t Pay?

If the court has ordered child support and the other parent refuses to pay it, the receiving parent can take legal action. A lawyer can help you bring this to court, and the court may order a variety of remedies to get the money from the paying spouse. Some options the court can explore include garnishing their wages, suspending their professional licenses, withholding their tax refunds, taking away their passport, and other consequences. In extreme cases, a parent who refuses to meet their obligations can be given time in jail.

How Long Does Child Support Go On?

In most cases, child support continues until a child turns 18 or graduates from high school, whichever comes last. Exceptions here might include situations where parents have agreed to pay for a child’s college education, for example, in which case support would continue until the child gets their undergrad degree or chooses to drop out of college. If a child is disabled, the court may order support to continue indefinitely.

If you need help with child support or any child custody issues, call C.E. Schmidt & Associates, PLLC in Houston, TX at 281-550-6650 to set up a consultation.