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During a divorce or child custody case, many parents aim for a shared custody arrangement, where the child spends about equal time with both parents. Although achieving an exact 50/50 custody split may be difficult, it remains a fair and reasonable goal for many families. A common question that arises in these cases is, “Do I have to pay child support with 50/50 custody?” Although the time-sharing is split equally, financial support responsibilities may still apply, depending on factors such as income disparity, the child’s needs, and the specific circumstances of the case. Understanding how child support works in a 50/50 custody arrangement is crucial for both parents to ensure fair and appropriate financial planning.
In a divorce or child custody case, the focus often centers on maximizing the time you and your child’s other parent spend with your child. As a result, other important areas may get overlooked. One of those areas that is 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 on which parent the court designates as the primary conservator and which parent is best positioned to provide ongoing care for the children.
Primary conservators are paid child support in Texas.
If the court names you as the primary conservator in a divorce or child custody case, you will hold primary decision-making authority for that child going 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 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 your child will spend most of the year in school and will be living with you at home during that time. By this fact, most of the time, new children spin in the year will be with you.
Since you will spend more time with your child than your ex-spouse, your ex-spouse will pay child support to help cover the additional expenses you incur from caring for your child 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’ve established which parent is responsible for paying and receiving child support in a typical divorce or child custody case, let’s discuss how child support is calculated. If you are responsible for paying child support, the court will first calculate your net monthly income. 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 sources of income can contribute to your net monthly income. However, for the most part, net monthly income comes from your job earnings. To calculate your net income, you subtract specific expenses and taxes from your gross income.
We would consult the Texas Family Code to determine your monthly child support obligation, which is based on a percentage of your net monthly income. The code provides guideline levels of child support, starting at 20% for one child and increasing up to a maximum of 50% for owing parents. To calculate your obligation, multiply the percentage from the Child Support Guidelines by your net monthly income. This product represents your monthly child support payment.
Remember, these guidelines outlined in the Texas Family Code are not obligatory in your divorce or child custody case. You and the other party can agree on a different child support amount based on your specific circumstances and your child’s needs. However, in practice, many divorcing individuals adhere closely to these guidelines, simplifying negotiations and aligning with the Texas Family Code.
How is child support paid each month?
Once the court enters temporary orders, you owe child support 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 process is complete, you will submit a wage withholding order to your employer, instructing them to deduct a specific amount from your paycheck each month to ensure timely child support payments. A judge signs this order and submits it along with your final divorce decree. After both you and the judge have signed the wage withholding order, your human resources department will receive it, and your employer will begin withholding 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 keeping for child support. Their website features a section where you can check any child support balances owed and review the history of child support payments made. Instead of paying your ex-spouse directly, the Attorney General facilitates the process, ensuring transparency by handling all payments.
Importance of through-the-attorney-general child support payments
It’s crucial to understand that you won’t receive credit for any direct child support payments made to your ex-spouse or co-parent after your family law case concludes. Therefore, ensure that you make all child support payments in full and on time at the beginning of each month. Fortunately, the Attorney General makes it easy for you to verify on their website your child support payments processed and paid in full as intended.
The temptation for many spouses in their post-divorce life is to get casual with child support payment directly to an ex-spouse rather than through the attorney general’s office. If you were to change your job, for example, and not update the court or the attorney general’s office, you might be able to get into a situation where this becomes the norm for your family. I would strongly counsel against it, however. Even if it works out for your short-term family basis, you may find that it ends up hurting you in the long term. For example, you may be on good terms with your ex-spouse right now, which may make paying direct child support payments more agreeable.
The importance of following official child support procedures
However, if something were to sour in your relationship, there is no telling that you will get credit for these payments from them. Imagine putting yourself in a situation where you have dutifully made direct child support payments to your ex-spouse for many years but did not get credit through the attorney general’s website. If your ex-spouse were to file an enforcement lawsuit against you for not having made child support payments correctly, you might run into a situation where you had to defend yourself in a case.
You should avoid putting yourself in this position and instead follow the proper process for paying child support. Even if it seems like a pain at this time, your future self will thank you for having gone through the trouble. Suppose a wage withholding order does not work for you based on your employment situation. In that case, consult your attorney at the end of your divorce or child custody case to explore whether you can establish an alternative arrangement that satisfies both you and your opposing party.
Is the payment of child support necessary when custody is split 50/50?
This is the million-dollar question as far as we’re concerned in today’s blog post. The main idea behind having to pay child support is that since you spend less time with your child, you have less skin in the game as far as daily expenses for that child. By paying child support, you are evening up the score between yourself and your Co-parent. a fair question to ask would be whether or not either of you Should have to pay child support if you both see your child consistently in similar proportions. When there is no difference between parenting time, why should either of you pay child support?
Options for child support in 50/50 custody arrangements
There are limited circumstances in which you may not have to pay child support after a divorce or child custody case. This rule serves as the general guideline for your case and establishes the standard for determining child support. Under Texas family law, there is no formula to lower child support percentages from the guideline amount to a lesser amount when you have a 5050 custody split. Unless you and your co-parent agree on a different amount, the standard guideline for child support will likely apply to your case, even if you have split custody of your child with your Co-parent.
However, as with many things in life, you have options in this circumstance when it comes to paying child support while splitting custody with your Co-parent. In addition to simply agreeing to pay guideline levels of child support, you can decide to pay child support only on the difference in income earned by you and your Co-parent, or you can take into account any spousal support paid by you to your Co-parent after a divorce one calculating child support.
If you and your Co-parent share parenting time equally, then you may similarly share daily expenses as well. If this is the case and your incomes are relatively similar, you might not need to pay child support. On the other hand, if your income is far higher than your ex-spouse’s income, then you probably will still have to pay child support even if you split time with one another. If your ex-spouse does not get child support from you, then they will not be able to provide your child with adequate housing, and food, and your child may suffer as a result.
Considering child support: what matters to the family court
Remember that a family court judge does not primarily consider your income level or the time spent with your child when addressing child support issues. Instead, the court focuses on ensuring that child support serves the best interests of your child. As a result, a judge would decide on child support that is in the best interest of your child and not necessarily in your best interest or that of your ex-spouse. In Texas, the law considers child support a minimum amount required to meet your child’s needs and protect their best interests. If you were to pay $1000 per month in child support, it might be accurate based on the Texas child support guidelines but likely does not come close to the actual expenses that your child incurs every month.
Another method that parents employ in custody split situations is that each person will calculate what they would pay to the other in child support and then take the difference. The person who would pay more in child support would pay the other the difference between their two numbers. For example, if you must pay $1,000 per month in child support to your ex-wife while she only owes you $800 per month, you would agree to pay the $200 difference between the two amounts.
Calculating fair child support in divorce or custody cases
Essentially, because you and your Co-parent are both contributing to the payment of your child’s expenses in your households, the $200 difference would equalize the amount of child support between your home and theirs and would set you up for a more fair outcome. This can be a tricky way to calculate child support for divorce or child custody cases considering how the needs of a child may fluctuate over time and income may fluctuate over time.
If you and your spouse determine child support figures in mediation, then this determination would supersede any best interests of the child arguments that a judge could present to you. The judge cannot substitute their best interest analysis for you and your spouse as a valid mediated settlement agreement for child support. You can modify Child support in the future, but you must demonstrate that material and substantial changes have occurred in your life, your co-parent’s life, or one of your children’s lives. Settling on a certain number for child support may be difficult, but often, it is a better option than going through a contested trial where the costs of going to court are more than the overall child support award.
Conclusion
The question, “Do I have to pay child support with 50/50 custody?” highlights the complexities of balancing parenting time with financial responsibilities during divorce or separation. Many parents strive for equal custody, but in 50/50 custody situations, child support payments depend on various factors, including state laws, each parent’s income, and the child’s needs. Understanding how these elements interact is crucial for achieving fair outcomes. Legal guidance can help parents navigate these complexities, prioritize the child’s best interests, and foster a cooperative co-parenting relationship. By focusing on the child’s well-being, parents can more effectively manage the challenges of shared custody arrangements.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please feel free to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer complimentary consultations six days a week, available in person, over the phone, and via video. These consultations can greatly assist you in gaining a deeper understanding of Texas family law and how our office can best support you and your family during this stage of your life.
Other Related Articles:
1. Child Support and Joint Custody in Texas: What You Need to Know
2. Does a Father Legally Have to Pay Child Support?
3. If You Have Primary Custody (Custodial Parent), You Can Still Be Ordered to Pay Child Support?
4. Legal Rights for Parents Facing Financial Hardship Due to Child Support
5. Can I get child support and custody of my kids in Texas if we were never married?
6. Child Support and Shared Custody Arrangements
7. How Should Divorce, Child Support, And Custody Be Handled For Parents Of Special Needs Children?
8. Joint Custody and Child Support in your Texas Divorce
9. Custody, Visitation and Child Support: How to handle these issues when incarcerated in Texas
10. Family problems can stem from issues related to child custody and child support
