If Both Parents Share Custody, Does Anyone Pay Child Support?
For many couples, the hardest part of navigating a divorce or separation is deciding what would be in the best interest of their shared children. Child custody agreements have major personal, practical, and financial implications that can, in some cases, add confusion, strain, and discomfort to an already taxing legal process.
Questions about custody arrangements and child support expectations abound before, during, and after a legal separation, with many parents assuming that a 50/50 joint custody agreement will absolve them of the need to pay child support. In the State of Texas, however, this may not necessarily be the case. Let’s answer some commonly asked questions about joint custody agreements and child support determinations and discuss how an experienced child support lawyer can help you come to the best possible agreement for both your child and yourself.
What is child support?
Child support is a type of ongoing payment that is typically paid by one parent to another parent during and after a divorce to ensure that a couple’s shared children continue to have their needs provided for. Traditionally, non-custodial parents tend to bear the burden of child support requirements and are intended to cover child-related expenses like the following:
- Housing
- Food
- Clothing
- Health insurance and medical care
- Mental healthcare
- Educational expenses
- Extracurricular activities
While child support agreements have generally involved a non-custodial parent compensating a child’s legal custodian, things get a little more complicated in separations involving joint custody agreements. Individual custody arrangements tend to vary significantly from couple to couple, but the research is clear: Joint custody agreements are on the rise among couples of all backgrounds, and the momentum shows no signs of stopping.
What is joint custody?
Broadly speaking, a joint custody agreement is any legal arrangement in which both parents share the rights and responsibilities of raising their child after a separation or divorce. This agreement may involve:
- Joint legal custody: Both parents retain the right to make important decisions with respect to their child(ren).
- Joint physical custody: Children spend a substantial, predetermined amount of time living with each parent.
- Both: Children spend time with both of their parents and both parents retain their legal ability to make informed decisions about the children’s care.
While joint custody agreements allow opportunities for both parents to remain involved in the lives of their children, the precise schedule and division of time and responsibilities may vary based on what is considered to be in the best interest of the children. Some joint custody agreements more heavily “favor” one parent over the other, while others stipulate that both parties should share parenting duties equally.
What is a 50/50 custody agreement?
50/50 custody typically refers to a joint custody arrangement in which both parents retain equal access to and responsibility for their children after a separation. Parents in these agreements typically adhere to an agreed-upon possession schedule that enables children to spend equal time with each of their parents over the course of a year. This may look like a child splitting weeks between parents, alternating weeks and/or weekends, or even alternating months.
Just because a joint custody agreement is in place, however, does not mean that the obligation to pay child support is off the table for either party. That’s because family courts, including those in Texas, base child support determinations on a variety of factors beyond just physical possession or legal responsibility.
Factors that influence child support determinations
The State of Texas uses a fairly formulaic approach to making decisions about child support in divorce and separation cases. This approach keeps things equitable and reliable for families of diverse backgrounds and structures and ensures that children have their needs consistently met by the adults in their lives, regardless of the particulars of their physical and/or joint custody arrangements.
Even in cases where parents jointly share custody of their children, other factors may not be equal between them, thus making it necessary for one to supplement with child support payments. Some of the factors that courts will consider when making determinations about child support include:
- Parental income
- Which parent pays for health insurance and/or childcare
- Each parent’s demonstrated standard of living
- Any existing agreements made during mediation or via court orders
This holistic approach to determining who should pay child support to whom helps to level the playing field and ensure that children have access to similar resources regardless of which parent they happen to be spending time with at any given moment.
For example, if one parent earns $150,000 per year and the other earns $45,000 per year, the court may order the higher earner to pay child support to maintain financial equity between the households. While 50/50 custody agreements can contribute to more positive child outcomes in cases of parental divorce or separation, they can also result in children losing access to certain resources if there are major financial disparities between their custodians.
How Texas courts calculate child support payments
In Texas, child support is typically calculated using a percentage-based formula. In sole custody arrangements, this formula is based on the noncustodial parent’s net monthly income. The basis is similar in 50/50 custody cases, as the courts will typically designate one “primary” parent for the sake of making these judgments.
Here’s a basic outline of the child support guideline percentages applicable to non-custodial parents, as set forth in Texas Family Code 154.125(c):
- 1 child = 20% of net income
- 2 children = 25% of net income
- 3 children = 30% of net income
- 4 children = 35% of net income
- 5 or more = 40% of net income
Texas law also offers a separate set of percentages that are applicable to low-income families. Those percentages are as follows:
- 1 child = 15% of net income
- 2 children = 20% of net income
- 3 children = 25% of net income
- 4 children = 30% of net income
- 5 or more = 35% of net income
These percentages serve as handy guidelines for both the courts and the individual parties involved in these negotiations. It’s important to note, however, that these percentages are benchmarks and may not be universally applicable. In 50/50 custody cases, for example, the courts may deviate from these guidelines as they consider the financial contributions each custodian is already making towards the care of their children.
In other cases, parents may choose to devise their own child support arrangements or waive child support payments entirely. For example, some joint custodians opt to evenly split expenses rather than making or receiving ongoing child support payments. Even in these arrangements, however, the court will want to weigh in and can require the custodians to reach a different agreement if the existing agreement would not be in the best interest of the child(ren).
How a child custody lawyer can help
Child custody and support agreements can be contentious and challenging, even in the most amicable of divorces. That’s why many divorced and divorcing Texans opt to hire legal representation to help them through the negotiation process. An experienced child custody lawyer – like the San Antonio child support lawyers at Grimshaw Divorce and Child Custody Lawyers – can help parents and custodians better understand the rights afforded to them under Texas law while fighting for a child custody arrangement that is in the best interest of their children and themselves.
If you or a loved one is in the middle of navigating divorce, separation, child custody or child support proceedings, the team at Grimshaw Divorce and Child Custody Lawyers is here to help. Whether you’re just starting out in what can be a tedious and emotional process or are looking to revisit an existing child support agreement, our team has a reputation for providing individualized, empathetic support to clients in a wide variety of family law and civil litigation settings.
You can schedule a case evaluation with a member of our experienced team by giving us a call or by filling out our online contact form. We are standing by to offer the support and expertise you need to secure the best possible outcome for your one-of-a-kind case.