Texas child support is often misunderstood. There is a presumption that shared custody means no one will pay child support, which is rarely true. In the vast majority of cases, if you are the noncustodial parent, you can expect to make support payments to your child’s other parent, even if your income is lower.
However, the courts do not always calculate support amounts fairly. It is entirely possible to receive the short straw, either receiving too little or being ordered to pay too high a support amount. To ensure that your rights are being protected, work with our dedicated child support lawyer in San Antonio, TX.
Types of Child Support Arrangements in San Antonio, TX
Texas family courts recognize three different types of custody arrangements:
- Sole conservatorship (sole custody): This arrangement grants one parent the authority to make decisions regarding a child’s education, medical care, extracurricular activities, travel plans, and religious upbringing. If you have been granted sole conservatorship, the other parent will likely be required to pay support.
- Joint conservatorship (joint custody): This arrangement allows both parents to have equal say in their child’s upbringing. In most cases, the noncustodial parent will be responsible for paying child support.
- Possessory conservatorship (physical custody): A possessory conservator is granted visitation rights or even the right to have their child live with them, but no conservatorship rights. If the possessory conservator is the noncustodial parent, they will be ordered to pay child support.
The noncustodial parent is required to pay child support because it is assumed the custodial parent spends more of their money on the child, since they spend more time with them. As part of divorce proceedings, you do have the option of discussing child support contributions. By agreeing on support, you can retain control over your finances and your family’s needs.
How is Child Support Calculated?
Texas child support is calculated based on the noncustodial parent’s net income and the number of children they are currently supporting. Net income is calculated by adding up the parent’s various sources of revenue, including wages/salary, investment dividends, self-employment income, royalties, and rental property income. However, government benefits will not be included in this calculation.
From there, any deductions will be subtracted. Deductions may include income tax, Social Security tax, union dues, and health insurance premiums.
In determining what percentage of a person’s net income will be paid toward support, the following calculations will be used:
- One child = 20 percent of the obligor’s net income
- Two children = 25 percent of the obligor’s net income
- Three children = 30 percent of the obligor’s net income
- Four children = 35 percent of the obligor’s net income
- Five children = 40 percent of the obligor’s net income
- The support amount for six or more children will not be less than the amount for five children
These calculations are not set in stone, but rather guideline amounts that the court uses to determine how much support the noncustodial parent should pay. A lawyer can help guarantee that your rights are protected. If you have been covering more of your child’s needs, you must make your attorney aware of this so that they can accurately represent your interests in court.
What if You Have 50/50 Custody?
If both parents share custody, the court may not order child support or may require the parents to split health insurance and school tuition costs evenly. Albeit not every 50/50 custody arrangement is the same, the court can still order support if one parent earns more than the other. Whereas 50/50 possession schedules are becoming more commonplace in recent years, 60/40 and 70/30 custody arrangements may be more manageable if both parents live far apart.
Our Child Support Lawyer Advocates for You
To ensure that you are being apprised of your legal options, you must speak with a San Antonio child support attorney. If your former spouse has representation, their lawyer may find a legal loophole that gives them an unfair financial advantage. While you understand what is best for your child, providing for them should never force you into poverty. Given the intricacies of child support, you want to work with someone who is well-versed in the law. To discuss your situation with our experienced family law attorney, contact Cook Law online or by phone at (210) 740-0281.