If I had a dollar for every time I heard someone say “I want 50/50 custody so I don’t have to pay child support”, I would have been able to retire early. 

The first thing to note is in Texas we do not have custody. We have conservatorship and possession and access. 

The second thing to note is that “50/50 custody” doesn’t automatically mean no child support. 

So how will my child support be calculated?

If you have a 50/50 possession and access schedule, customarily child support is calculated by taking the calculation of what each parent would pay and the difference between the two is the amount of child support ordered by the parent who makes more money, also referred to as an offset. 

For example, Jane Doe’s net resources are $6000 per month and John Doe’s net resources are $5000 per month. 

Jane’s child support obligation is $1200 per month and John’s child support is $1000. 

 Jane would be ordered to pay John $200 per month in support of the children as the offset.  

Why do I need to pay any child support if we have 50/50?

Since child support is a right of the child, not the parent, the main reason why the difference in support could be ordered is because the households should be equalized out between both parents so the child(ren) are able to have similar living experiences in both homes. 

Do we have to have child support in order? 

If you have a mediated settlement agreement and you and the other party agree that no child support is in the best interest of the child(ren), then no you do not need to include child support in your order. If you do not have a mediated settlement agreement,  you will have provide your reasoning to the court and if the court finds that no child support is in the best interest of the children, then child support may not be required. 

This is why It is very important that you find a Houston child custody attorney to assist you with your case that involves, child support calculations,  so it is handled carefully and with the representation of an attorney because not all courts will automatically accept a no child support provision. 

Attorney, Ashley Nicole Green is a child custody attorney in Houston, a child custody attorney in Fort Bend, a child custody attorney in Brazoria, a child custody attorney in Matagorda, and other surrounding counties that is here to help you protect your assets! Contact the Law Office of A. Green today to book a free case evaluation!