Q: How is child support calculated in TX? Is it based on income or custody?
I am considering filing in the next year, and I want to be financially prepared. I am expecting my spouse to want 50/50 custody, or close to it. I want to know how this will affect child support. I make 75% of what my spouse makes. Would my spouse have to pay me child support based on the higher income, even if custody turns out to be 50/50?
A: Custody of children should be determined based upon what is best for the children. Far too often, we see people now who are only seeking custody in an effort to pay less child support. I hope that that is not the case with your spouse, and that if he is asking for 50/50 custody it is because he genuinely feels like the 40% of the time that a Texas Standard Possession order would give him would not be enough.
There is no hard and fast rule to set child support in a 50/50 case. I have seen many times where child support is completely unaffected, and the parent who earns more pays the same amount of child support as they would if they had received a Standard Possession order. Usually, if the agreement is for no child support, it is because the parent who earns less made an agreement before they saw an attorney. If both sides have an attorney, about half the time child support is unaffected by the custody split, and the other half of the time, it is reduced.
If you do not feel that a 50/50 custody split is best for your child, don't agree to it. Your spouse is unlikely to get it without your cooperation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.