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Understanding Some General Facts About Shared Custody in Texas?
When you and your spouse divorce in Texas, custody and child support are two issues that must be decided, or the Texas court will do it for you. Numerous parents assume that if you share custody of your child (or children), no child support may be ordered; however, this is not usually the case under Texas law.
Even if you share custody of your child (which the Texas courts lean toward), child support is often vitally essential to ensure your child’s needs are consistently met.
In Texas, family courts usually prefer that both parents share custody of their child, which is legally known as “Joint Managing Conservators.” However, this does not commonly mean that both of you spend precisely 50% of your time with your child; it means that you share decision-making rights and duties regarding your child’s day-to-day life and upbringing.
The actual custody schedule, or when your child physically lives with each parent, can significantly vary due to many factors. Some families have equal time with their child, while others follow schedules where the child spends more time with one parent.
Some vital points to remember about shared custody in Texas are:
- Shared custody of your child relates to rights and duties, not always time.
- Shared custody schedules will determine where your child spends their days and nights.
- Even if the shared custody is approximately 50/50, the courts may still order one parent to pay child support based on factors such as income differences or your child’s specific needs.
So, shared custody, under Texas law, doesn’t automatically eliminate the need for child support payments, and the amount and more are usually challenging decisions for you and your spouse to decide on; therefore, the knowledgeable, empathetic, and experienced advice and guidance of a well-versed child support lawyer is mandatory.
Some Examples of Common Misconceptions About Child Support and Shared Custody in Texas.
Numerous divorcing Texas couples are not familiar with the way child support is managed when they have shared custody. They may believe everything is split 50/50 and more, but that is not true.
Just a few of the most common misconceptions are:
- There is no formal child support court order in a 50/50 shared custody arrangement – Even if you and the other parent do share a 50/50 schedule for housing your child, if one of you earns substantially more, the court still will usually order child support to be paid by the higher-income parent. This support aims to establish a stable standard of living for the child in both homes.
- Child support is only designed to cover the basic needs of your child – Child support is paid to cover much more than just food, shelter, and clothing for your child. It’s also there to pay for school expenses, healthcare, extracurricular activities, and many other extraneous costs necessary for the child’s welfare.
- Both you and the other parent can agree to no child support being paid – As parents, you can decide on child support terms and put your agreement before the court; however, it is not final until the court deems it fair and approves it.
- Child Support and visitation rights are interconnected – Child support and visitation are two different issues, and the court approaches them with that in mind. Neither parent can withhold visitation because child support hasn’t been paid. Also, you cannot refuse to pay support because the other parents violate the court-mandated possession schedule.
Every divorce case and its circumstances differ, and discussions about child support can become very contentious, as many of these issues are negotiable and vague to determine. This is a sound, prudent, and legally valid reason to ensure you have a well-versed, passionate, and skilled child support lawyer when deciding on this crucial issue.
How Does the Texas Court Calculate Child Support in Shared Custody Cases?
Texas uses specific formulas to calculate child support. These statutes are found in the Texas Family Code §154.125. In most cases, you may be ordered to pay child support if you house your child less than 50% of the time or earn significantly more income than the other parent.
Cases differ greatly, but under most circumstances, the court uses the following guidelines:
- One of the parents is designated as the primary parent and determines your child’s primary residence.
- The non-primary parent (or the “obligor”) pays child support according to a percentage of their net income and resources.
- The percentage you can have varies based on the number of children you have and other circumstances, but usually, it’s about 20% for one child, 25% for two, etc.
However, in a shared custody arrangement, where your child truly spends fifty percent of their time in both households, the Texas courts may deviate from the standard formula.
The courts may consider things such as:
- Both of the parent’s income, financial resources, and circumstances.
- The precise amount of time the child spends with each parent.
- Your child’s specific needs, including their health, education, extracurricular activities, etc.
- Other child-related expenses include daycare, health insurance, etc., and more.
A common approach that the Texas court system uses is referred to as the offset method:
Both parents’ theoretical child support obligation is calculated, and the parent owing the greater amount pays the difference to the other parent.
However, you must note that the Texas family courts are not required to use any particular method, and a judge has broad discretion when setting child support in shared custody cases. This is another significant reason to have an experienced and knowledgeable child support lawyer fighting for your rights and finances.
What Are Some Critical Things to Remember When Navigating Shared Custody and Child Support in My Divorce?
Successfully managing shared custody and child support requires thorough legal planning, flexibility, and a child-centered mindset.
Just a few of the things you must consider are: Here are some tips for Texas parents:
- Be very realistic about your schedules – Equal time is excellent in theory, but it may not always be practical when considering work schedules, school locations, etc. You must focus on what works best for the child’s daily life, not just splitting time evenly.
- Keep detailed financial logs – Documenting your income, child-related expenses, payments, etc., is crucial when a dispute arises or if your circumstances change and you must request a modification.
- Understand when and if a modification is plausible – Let’s say you have a significant change in circumstances, such as an income change, relocation, or a shift in the custody schedule. In that case, you may be able to request a child support modification.
- Prioritize communication and cooperation – Shared custody always works best if parents cooperate and communicate effectively. Focus on your child’s needs, not your own. Remember that the Texas family court will always do what’s in your child’s best interest.
I Am Divorcing in Texas and Want Shared Custody; How Should I Proceed?
In Texas, shared custody can benefit your child by allowing them to have a meaningful and sound relationship with both parents. However, it may not, in itself, eliminate the need for child support.
By getting the professional help you need to truly understand how Texas law treats child support in shared custody arrangements, planning carefully, and cooperating, you can minimize conflict, support your child, and confidently navigate this new chapter in your life.
At the Law Offices of S. Dylan Pearcy, no matter how complex or straightforward your child support issue may be, they understand the critical importance of this often nerve-wracking issue and have the professional, knowledgeable, and empathetic legal guidance you need at this dire time. Call them today at 210-953-7486 and obtain an initial consultation on your unique case. This matter must be resolved, and they will work tirelessly and diligently so you can reach the best possible outcome for you and your child.
