Child support is not based on gender or joint managing conservatorship (shared custody) in Texas. Whether one party must pay child support to the other depends on numerous factors, including both parties’ income levels and your children’s individual needs.
You can still have to pay child support even if you have 50/50 custody in San Antonio, but a father’s financial obligations in such cases are not automatic. Discuss your rights with the dedicated child support lawyers at Cook Law Firm.
Factors in Determining Child Support
Generally, Texas courts may order either or both parents to pay child support. Support may be ordered periodically, such as a monthly payment, in a lump sum, or even in trust for the child’s future needs. Texas law (Tex. Fam. Code § 154.010) prohibits judges from considering gender when calculating child support, meaning fathers with 50/50 custody are not any more obligated to pay child support than mothers. Instead, your obligations are based on an analysis of the following child support factors:
- Income of both parties (primary)
- Age and needs of the child
- Parental ability to pay
- Other financial resources available to the child
- Amount of possession and access time
- Obligee’s earning potential, assets, and net resources
- Childcare expenses
- Spousal maintenance
- College expenses
- Health insurance
- Employment benefits
- Travel costs
- Debts
If you have equal joint managing and possessory conservatorship of your children, an experienced San Antonio child support lawyer can request that the court go beyond the basic child support guidelines to consider these factors.
How Joint Conservatorship Impacts Child Support Obligations in San Antonio
In traditional child custody cases, mothers are often granted primary possessory conservatorship, while fathers are typically designated as the non-custodial parent. Non-custodial parents generally have higher child support obligations.
However, because Texas law presumes joint managing conservatorship and possession, 50/50 custody arrangements are becoming more common. This may reduce the amount of child support the higher-earning spouse owes to the lower-earning spouse, especially if the higher-earning spouse is required to pay for expensive childcare due to their employment obligations.
Benefits of Child Support Mediation in Joint Custody Cases
Courts must continually review and approve any proposed child support orders based on state guidelines and the best interests of the child factors. However, Texas Family Code § 154.124 encourages the parties to reach an amicable settlement agreement regarding child support, even if it varies from the guidelines. Working with an experienced San Antonio child support mediator to fairly calculate support in 50/50 custody cases can save you significant legal expenses and reduce the time it takes to finalize any pending divorce.
Our Family Law Attorneys Fight for Your Rights
A father’s child support obligations in 50/50 custody cases generally depend on each parent’s income level, financial health, and employment benefits. Rather than physical possession itself, courts attempt to calculate support obligations based on the child’s best interest and your family’s overall financial well-being.
If you need help understanding your potential child support obligations or contesting a proposed child support order, contact our dedicated San Antonio fathers’ rights and child support attorneys today online or at (210) 740-0281.