Who Pays Child Support in Texas Joint Custody Cases
If you have joint custody in Texas, one parent typically continues to pay child support to the other. Joint custody, referred to as “joint managing conservatorship” in Texas, refers to shared decision-making rights regarding your child’s education, medical care, and upbringing.
This arrangement doesn’t eliminate child support obligations because courts focus on balancing the financial resources available in each home to ensure your child maintains a consistent standard of living.
The parent who pays support depends on your specific possession schedule and income differences. In standard joint custody arrangements where one parent has primary residence, the non-primary parent usually pays support.
When parents have an actual 50/50 possession schedule, courts may consider income differences and order the higher-earning parent to pay support to help equalize resources between households.
Texas courts employ specific calculation methods, including guideline percentages and offset approaches, to determine fair support amounts tailored to your unique circumstances.
What You Need To Know About Joint Custody And Child Support
Many parents believe that having joint custody in Texas automatically means no one pays child support, but this is wrong. Joint custody is called “joint managing conservatorship” in Texas.
This means both parents share the right to make major decisions about your child’s life, like medical care and education.
Joint custody focuses on decision-making power, not how much time your child spends with each parent. Even when you share decision-making, one parent usually still pays child support.
Courts order child support to make sure your child has a similar standard of living in both homes, especially when one parent earns much more than the other.
Higher earner pays:
The parent with more income typically pays child support to the other parent
Equal living standards:
Support helps ensure your child enjoys similar resources in both homes
Separate from custody:
Decision-making rights don’t eliminate support obligations.
What Is Joint Custody In Texas And How Is It Different From 50 50
Texas law states that joint custody and a 50/50 schedule are two distinct concepts. Joint custody, also known as “Joint Managing Conservatorship,” means that both parents have the legal right and responsibility to make decisions regarding their child’s education, medical care, and general upbringing. The law in Texas considers this to be in the best interest of the child.
On the other hand, a 50/50 schedule is one in which a child spends half of their time with each parent. This term suggests an equal division of time, but it does not guarantee that a court will mandate a 50/50 split. Most parents who share custody still follow the Standard Possession Order (SPO).
In a Joint Managing Conservatorship, the courts typically designate one parent’s home as the child’s primary residence for the purpose of enrolling them in school. The SPO usually allows one parent to see the child on weekends and one night during the week, while the other parent has the child for the rest of the time.
A 50/50 possession schedule is a specific arrangement for parents to share physical custody equally, typically by alternating weeks or using a 2-2-3 rotation. The way courts figure out child support is based on your specific schedule, whether it’s a 50/50 split or an SPO.
Who Pays Child Support With Joint Or 50/50 Custody In Texas
In most joint custody cases, the parent without primary residence pays child support. This person is referred to as the “obligor.” When parents have actual 50/50 time, courts decide who pays based almost entirely on income differences.
Courts aim to balance the financial resources available in each home for the benefit of your child. If you earn much more than the other parent, you’ll likely pay child support to help make your child’s living standard more equal between homes.
With a standard possession order (about 75/25 time), the non-primary parent usually pays support. Even with expanded standard possession (approximately 60/40 time), the non-primary parent typically still pays child support. With an actual 50/50 time, the higher-earning parent pays support. If you have equal incomes and equal time, courts may order minimal or no support.
The number of nights your child stays with each parent is crucial in these calculations. Courts count overnight stays to determine possession percentages.
How Texas Calculates Child Support With Joint Custody
Texas courts follow specific rules to calculate child support amounts. The calculation starts with the paying parent’s monthly net resources and multiplied by a percentage based on the number of children. Courts can change this amount if your situation is unusual.
Standard percentages are 20% for one child, 25% for two children, 30% for three children, 35% for four children, and 40% for five or more children. These percentages apply to the first $9,200 of monthly net resources.
What Counts As Net Resources, And How Do Guideline Percentages Apply
Net resources is your monthly income after specific deductions. Courts add up all your income sources, then subtract allowed deductions to get a clear picture of your available money.
Your net resources include wages, salary, overtime pay, self-employment income, bonuses, commissions, tips, rental income from property, and investment income like dividends and interest. Courts deduct federal and state income taxes, Social Security and Medicare taxes, union dues, and the cost of health insurance for your child.
Once courts calculate your monthly net resources, they apply the percentage for your number of children. In 50/50 custody cases, courts often use a different method called the offset approach.
When Courts Use Offsets For 50/50 And Different Incomes
When you have 50/50 time and different incomes, Texas courts often use an “offset” method. This approach makes sure both parents contribute to expenses based on their ability to pay. Courts calculate what each parent would owe as if they were the non-primary parent.
The lower amount gets subtracted from the higher amount, and the parent with the higher obligation pays the difference. For example, if Parent A would owe $1,600 and Parent B would owe $800, Parent A pays Parent B $800 per month.
This method keeps your child’s financial support consistent regardless of which home they’re in. The offset approach recognizes that both parents should contribute proportionally to their child’s needs.
When Judges Deviate For Special Needs And High Income Cases
Texas judges can order different amounts from the standard guidelines if it’s in your child’s best interest. This is called deviation. Certain situations often lead courts to consider higher or lower amounts.
Special medical needs:
Ongoing therapy, medications, or equipment costs beyond typical expenses
Educational expenses:
Private school tuition or specialized tutoring for learning differences
High earners:
Income above $9,200 monthly may warrant additional support
Extraordinary activities:
Competitive sports or specialized arts programs with high costs
Medical and dental support are handled separately from basic child support amounts.
Who Pays Medical And Dental Support With Joint Custody
Texas law requires parents to provide for their child’s health and dental needs beyond basic support. Courts often order one parent to provide health insurance if it’s available through the parent’s workplace at a reasonable cost. A reasonable cost refers to a health insurance premium that the parent giving coverage can reasonably afford.
The parent providing insurance gets credit in child support calculations for premiums paid for the child. For expenses not covered by insurance, courts typically order parents to split costs. This is often 50/50, but can be based on income proportions.
Medical and dental support orders are separate from monthly cash support and are legally enforceable. These orders cover expenses such as copays, deductibles, prescription costs, and dental cleanings or procedures.
Can Parents Agree To No Child Support With Joint Custody
You and the other parent can agree to child support different from state guidelines, including no monthly payments. However, informal agreements aren’t legally binding. Any child support agreement must be approved by the court to be enforceable.
For judges to approve your agreement, it must be in your child’s best interest. The agreement must be written and signed by both parents. Courts review agreements to ensure they adequately provide for the child’s needs and don’t harm their welfare.
Courts want to see that both parents understand the agreement, which is why having legal help is recommended. An informal promise to waive child support won’t hold up in court and can cause serious legal problems later.
How Mediation Secures Enforceable Child Support Agreements
Mediation is an effective way to create customized child support agreements for situations involving shared custody. A neutral mediator helps you and the other parent negotiate terms that work for your family. This private setting allows more creativity than courtroom hearings.
Through mediation, you can agree to direct payment of expenses like daycare instead of cash support, rules for alternating tax claims for your child, flexible support that adjusts if parenting time changes, or agreements for contributing to college savings.
Once you reach a mediated agreement and a judge signs it, it becomes a final, enforceable court order.
How To Modify Child Support After Moving To Joint Or 50 50 Custody
Child support orders aren’t permanent and can be changed if your situation changes significantly. Switching from standard possession to 50/50 custody may be a valid reason to ask courts to modify support amounts. You must formally petition the court for modification.
To succeed, you must prove a material and substantial change has happened since the last order. A new custody order giving you 50/50 possession is clear material change. Significant income increases or decreases can also justify modification.
Your child’s needs may change as they age, or new medical conditions may require additional financial support. Modifications only apply from when you file the petition forward, not to past-due payments.
You cannot simply stop paying or change the amount on your own. Courts must approve all modifications through a formal legal process.
What Enforcement Looks Like When Support Is Missed In Joint Custody
Having joint custody doesn’t excuse parents from paying court-ordered child support. If the paying parent falls behind, the receiving parent has several legal tools for enforcement. The Texas Attorney General’s Office often helps with enforcement actions.
Standard enforcement measures include wage withholding, where support payments are automatically taken from paychecks. Courts can place liens on bank accounts, real estate, or vehicles, preventing their sale until support debt is paid.
License suspension:
Driver’s licenses, professional licenses, and hunting and fishing licenses can be suspended
Contempt of court:
Judges can impose fines or jail time for non-payment
Credit reporting:
Unpaid support affects credit scores and borrowing ability
It’s illegal to withhold visitation from the other parent as punishment for not paying child support. Support and visitation are separate legal issues.
How To Establish Custody And Support If You Do Not Have An Order
If you’re unmarried or separated without formal court orders, you must file a lawsuit to establish legal custody and child support. This process starts by filing a Suit Affecting the Parent-Child Relationship. This asks courts to make formal, enforceable orders about your child.
The process involves filing a petition to establish paternity if needed and create custody and support orders. You must serve the other parent with the lawsuit. Most Texas counties require mediation before trial.
If you can’t reach agreement, you’ll present your case to a judge at a final hearing. While your case is pending, judges can issue temporary orders for custody, visitation, and child support until final orders are signed.
Fort Bend County requires parenting classes for parents in custody cases. These classes help parents understand how to co-parent effectively after separation.
Tools You Can Use OAG Calculator And Visitation Resources
Several tools help you understand child support calculations and possession schedules. These resources provide valuable estimates and help you stay organized during your case.
The Texas Attorney General’s child support calculator gives estimates based on income and number of children. Possession calendar tools help track overnight visits, which is crucial evidence for 50/50 schedule arguments.
Fort Bend County’s website provides local court rules and standing orders affecting your case. Co-parenting apps help document shared expenses and communications with the other parent.
Online calculators provide only estimates. Judges can order different amounts based on your specific case facts. Don’t rely on online tools alone when your child’s future is on the line. The unique details of your case require personalized legal advice. Contact Frank Vendt Child Custody & Divorce Attorneys today for a confidential consultation.
Talk With A Fort Bend Child Support Lawyer Today
Understanding how joint custody affects child support requires navigating complex legal rules and calculations. At Frank Vendt Child Custody & Divorce Attorneys, our attorneys provide experienced representation to families in Richmond, Rosenberg, Katy, Sugar Land, and Fort Bend County.
We provide transparent guidance, ensuring you understand your rights and obligations every step of the way. Whether you’re establishing initial support orders, seeking modification for new 50/50 schedules, or need help with enforcement, our attorneys advocate for fair outcomes.
Our Richmond office serves families facing challenging custody and support situations. We help you build clear paths forward through these complex legal processes.
FAQs About Joint Custody And Child Support In Texas
How Does The Offset Method Work In Texas Courts For 50/50 Custody
Courts calculate the guideline child support each parent would owe if they were the non-primary parent, then subtract the smaller amount from the larger one. The parent with higher income pays the difference to the other parent.
Who Is Considered The Primary Parent In A 50/50 Custody Order
Even with 50/50 time, Texas courts designate one parent as “primary” for school enrollment purposes only. This designation doesn’t automatically determine who pays or receives child support in equal possession cases.
Will Child Support Be Zero If Both Parents Have Similar Incomes And 50/50 Time
Courts may order no monthly child support if parents have nearly identical incomes and actual 50/50 possession. However, judges can still order parents to share specific costs, such as extracurricular activities or uninsured medical expenses.
Which Parent Must Provide Health Insurance In Joint Custody Cases
Courts typically order the parent with better or more affordable employer health insurance to provide coverage for the child. The cost of the child’s premium is factored into the overall calculation of child support.
Can The Attorney General’s Office Modify Support Orders For New 50/50 Arrangements
No, the Attorney General’s Office cannot modify court orders. To change child support based on new 50/50 schedules, you must file a formal Petition to Modify with the court that issued the original order.
