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If You Have Joint Custody, Who Pays Child Support in Texas?
Texas courts typically find that a joint managing conservator relationship is in the best interest of a child in custody cases. You may have heard this referred to as joint legal custody, but regardless of terminology, both parents can make important decisions for their child. However, when parents share joint custody in Texas, who pays child support? The answer is not as simple as some might hope.
Do You Pay Child Support With Joint Custody?
Many individuals believe joint custody means no one has to pay child support. This belief is 100% inaccurate, and here’s why:
In Texas, child support obligations can still apply even if parents have joint custody (also known as “joint managing conservatorship”). The key factors in determining child support include the parent’s income and the time the child spends with each parent.
Key Factors Influencing Child Support in Joint Custody
- Income-Based Calculation: Child support in Texas is typically calculated as a percentage of the non-custodial parent’s income, determined by the number of children requiring support.
- Adjustments for Joint Custody: In joint custody arrangements, where the child spends significant time with both parents, the court may adjust the child support amount to reflect each parent’s time with the child and their contributions to the child’s needs.
- Consideration of Both Parents’ Incomes: Although the non-custodial parent usually pays child support, the court may also consider both parents’ incomes when determining the appropriate amount.
- Other Factors: The court may consider additional factors, such as the child’s specific needs, age, and special educational or healthcare expenses.
- Mutual Agreements: Parents may agree to a different child support amount, but the court must approve this agreement to ensure it serves the child’s best interests.
Child Support Percentage Table
To clarify how child support is calculated based on the number of children, here’s a table summarizing the standard percentages:
| Number of Children | Percentage of Noncustodial Parent’s Net Income |
|---|---|
| 1 | 20% |
| 2 | 25% |
| 3 | 30% |
| 4 | 35% |
| 5 | 40% |
| 6 or more | At least 40% |
Who Pays Child Support When Parents Share Custody?
In a joint managing conservator relationship, decisions such as education, religion, healthcare, and extracurricular activities are shared. However, child support is typically paid by the noncustodial parent — the parent with less physical custody of the child.
Example Scenario
If a father and mother have joint custody, but the child spends most of the time living with the mother, the father will likely still be required to pay child support based on his income. This is because the mother would be considered the primary physical custodian, even though they share joint legal custody.
Child Support for Conservatorship vs Physical Custody
It’s important to distinguish between conservatorship (decision-making authority) and physical custody (where the child lives). Texas courts generally do not create true 50/50 physical custody arrangements because they believe the child should live in one household primarily. The parent with more physical custody (typically the primary physical custodian) will receive child support from the noncustodial parent.
How Much Support is Paid by a Noncustodial Parent?
Paying child support in Texas is required even in joint custody arrangements. The amount can vary based on agreements or court decisions. Here’s how child support is generally calculated:
- For one child, the noncustodial parent must pay 20% of their net resources to the custodial parent.
- For two children, the percentage increases to 25%.
- The percentage rises by 5% for each additional child, up to five.
- The noncustodial parent must pay at least 40% of their net resources for six or more children.
The exact amount can vary, and it’s often helpful for parents to reach an agreement themselves. However, the court must approve any agreement to ensure it meets the child’s best interests.
Frequently Asked Questions (FAQs)
Does joint custody mean no one has to pay child support?
No. In Texas, joint custody still typically involves one parent paying child support. This is usually the case when one parent has the child more often or when there’s a significant income difference between the parents.
Can the amount of child support be adjusted in joint custody cases?
Child support amounts can be adjusted in joint custody arrangements. The court considers the time spent with each parent and the child’s financial needs. Adjustments may also depend on income differences between the parents.
What happens if both parents have similar incomes and share joint custody?
If the parents’ incomes are similar and the child spends equal time with both, the court may reduce or eliminate child support. However, certain expenses, like medical care or education, might still influence the final decision on support payments.
How is child support calculated in Texas?
Child support is calculated based on the noncustodial parent’s net income. It’s 20% of net resources for one child, and the percentage increases with each additional child. Texas courts use a formula that considers a parent’s ability to pay while keeping the child’s needs in focus.
Can parents agree on a different amount of child support?
Parents can reach their own agreements on child support, but the court must approve them. The court’s role is to ensure that any agreement serves the child’s interests.
What happens if the noncustodial parent refuses to pay child support?
If a parent refuses to pay, the other can take legal action. Depending on the situation, this may lead to wage garnishment, withholding of tax refunds, suspension of licenses, or other consequences, including jail time.
Can child support be modified if circumstances change?
Yes, child support can be modified if circumstances significantly change, such as income changes, job loss, or new living arrangements for the child. The court reviews these changes and decides if a new payment amount is needed.
What if the child spends more time with one parent in a joint custody arrangement?
In cases where one parent has the child more often, the other parent might still be required to pay child support. This is common, even if the custody arrangement is otherwise shared.
What expenses does child support cover?
Child support covers basic needs like housing, food, clothing, education, and healthcare. Courts may also consider additional costs, such as medical bills and special education needs when determining the amount.
How long do child support payments continue in Texas?
Child support usually continues until the child turns 18 or graduates from high school, whichever comes later. For children with disabilities, support may continue beyond this point to help with ongoing care needs.
Get Assistance Today
In Texas, child support is still required in joint custody arrangements. This ensures that the child’s financial needs are met regardless of how much time they spend with each parent. The court primarily examines factors such as each parent’s income, the child’s living situation, and any special needs to determine child support payments. Even in cases where parents share decision-making responsibilities equally, child support is typically paid by the parent who does not have primary physical custody.
Every family’s situation is unique, and understanding your rights and obligations regarding child support can be complex. Whether you are the primary physical custodian or share joint custody, it’s important to address your child’s needs fairly. Contact an experienced Texas child support attorney today for personalized legal advice and assistance. Our team is here to help you navigate your child support case and protect your rights. Contact us for a consultation and find out how we can assist you.
Attorney Daryl Longworth is a family law attorney licensed by the State Bar of Texas. He is the senior attorney at The Longworth Law Firm in Houston, Texas. Mr. Longworth is a graduate of the University of Houston Law Center. Prior to becoming a licensed attorney focusing on divorce law and family law in Texas, Mr. Longworth was a police officer for the Houston Police Department.