Do you still pay child support if you have 50/50 custody?

At the beginning of a divorce or child custody case, many parents will have a goal of sharing custody with their Co-parent or spouse. Shared control to most people means a reasonably even split, resulting in your child spending half their time with you and half their time with their other parent. This would seem to be a reasonable and fair goal to have, although, in practice, it is complicated to achieve a result where precisely 50% of the child’s time is spent with one parent in exactly 50% is finished with the other parent. However, if your goal at the beginning of a child custody or divorce case is for your child to be able to maintain their relationship both with you and with the other parent, then a 50 percent split between the two of you would seem to be the most reasonable way to go.

With so much focus in a divorce or child custody case being placed on the ability for you and your child’s other parent to spend as much time with your child as possible, it is understandable that other areas may get lost in the shuffle. Who one of those areas that are of particular importance is child support. Most child custody or divorce cases end up with one parent paying the other child support. The question for you in your spouse is, which one will pay and receive the Child Support? This question largely depends upon who ends up being named as the primary conservator of your child and on which one of you is in the position the best care for your children on an ongoing basis.

Primary conservators are paid child support in Texas.

If you are named the primary conservator per child in a divorce or child custody case, you need to know that you will have a primary decision-making authority for that child moving forward. First, you will have the power to make decisions for your child regarding areas of their life like school and medical situations. Your ex-spouse will have the same ability to do so, but the rights that you hold regarding that child will be superior in a few distinct ways. Foremost among those special rights will be the ability to determine every child’s primary residence and receive child support.

By having the right to determine your child’s primary residence, you will be able to decide on where your child lives full time. Assuming that you designate your residence as your child’s primary residence, this means that your child will be spending more time with you throughout the year. This is because most of the year is spent in school, and your child will be living with you at home, haha, during this time. By this fact, most of the time, new children spin in the year will be with you.

Since you will be spending more time with your child than your ex-spouse will, child support will be paid by your ex-spouse to you to make up for an account for you’re spending more money on your child theoretically throughout the year. Think about the day-to-day costs of raising a child that you bear compared to those of your ex-spouse. The more time your child spends with you, the more things you are likely to pay for. This is why you will be able to receive child support as the primary conservator child.

How is child support calculated?

Now that we have established which parent is in line to receive child support in which is in line to pay child support in a typical divorce or child custody case, we should next talk about how child support is calculated. Assuming that you are responsible for paying child support, your net monthly income will first be calculated. For the sake of brevity, we can mention that net monthly income is your take-home pay from wages and salaries that you earn. Certain investments and other monies can contribute to your net monthly income, but for the most part, net monthly income is money earned through your job. Certain expenses and taxes are removed from your gross income to determine your net income monthly.

Next, we would look to the Texas family code to determine what portion of your net monthly income would be obligated to child support each month. The Texas family code includes guideline levels of child support based on the number of children you are responsible for. Beginning at 20% of your net monthly income for one child and going all the way up to at most 50% of your net monthly income, The Texas family code has suggested in guideline levels of child support that are to be paid by owing parents. You would take the percentage contained in the Child Support Guidelines and multiply that against your net monthly income. The product of these two numbers is your monthly child support obligation.

Keep in mind that these are only the guidelines as contained in the Texas family code. You are not required to follow these guidelines in your divorce or child custody case. Instead, you and your opposing party may determine another amount of child support for either of you to pay based on your particular circumstances and the needs of your child. However, I can tell you from experience that most people who go through a divorce typically follow the guidelines pretty closely. This removes a lot of the wiggle room and hassle surrounding negotiating for child support and allows people to defer to what The Texas family code contains.

How is child support paid each month?

Beginning at the time temporary orders are entered into, child support becomes owed each month. Considering how the length of a divorce case is relatively short, you may pay your spouse child support directly during the case. Once the patient is over with, a wage withholding order would be submitted to your employer, ordering them to set aside a certain sum of your paycheck each month to make sure that child support is paid. This order is signed by a judge and submitted at the time your final decree of divorce is. Once you and the judge have signed the wage withholding order, it will be sent to your human resources department, and your employer will withhold money for child support each month.

The money will be sent through the attorney general of Texas and their child support division for payment. The office of the attorney general is the clearinghouse in record keeper for child support. Their website contains a place where you can check on any balances owed in child support, and you can also check on a history of the payments of child support that have been made. Rather than being responsible for paying your ex-spouse directly, the attorney general allows everyone to be kept honest by having payments go through them.

A pivotal point to make at this stage is that you will not get credit for direct child support payments made to your ex-spouse or Co-parent after your family law case is over. Therefore, it is recommended that you make sure that all child support payments are made in full incorrectly at the beginning of each month. Fortunately, the attorney general makes it pretty easy for you