In Texas, child support is a legal obligation for parents to provide financial support for their children until the age of 18 or until graduation from high school, whichever occurs later. When parents are separated or divorced, one parent may be ordered to pay child support to the other parent who has primary custody of the children. However, things can get complicated when there is split custody, meaning each parent has physical custody of at least one of the children. In such cases, child support calculations and payments can be challenging to determine.

Texas child support guidelines

Texas follows a guideline formula to calculate child support. The formula takes into account each parent’s net income, the number of children, and the amount of time each parent has physical custody of the children. The guideline formula also considers any child care or medical expenses that are not covered by insurance. The goal of the guideline formula is to ensure that each child receives a fair and reasonable amount of support from both parents, taking into account their respective financial resources.

Split custody in Texas

Split custody occurs when each parent has physical custody of at least one of the children. In such cases, the court will calculate child support for each parent based on their respective net income and the number of children in their care. The court will then take the average of the two support amounts and divide it between the parents in proportion to their net incomes. This ensures that each parent is contributing a fair share of support for the children based on their respective financial resources.

However, there may be some variations in child support calculations and payments in split custody cases. For example, if one parent has a significantly higher net income than the other, the court may order that parent to pay a larger portion of the support. In some cases, the court may also order one parent to pay additional support for specific expenses, such as medical expenses or child care.

How to modify child support in split custody cases

In Texas, child support orders can be modified if there has been a substantial change in circumstances since the original order was issued. Examples of substantial changes include a significant increase or decrease in either parent’s net income, a change in the number of children in their care, or a change in the amount of time each parent has physical custody of the children.

If a parent wants to modify a child support order, they must file a request with the court and provide evidence of the substantial change in circumstances. The court will then review the evidence and make a determination on whether to modify the child support order.

Conclusion

Child support in split custody cases in Texas can be complex, but it is important for parents to understand their legal obligations and rights. By following the child support guidelines and being aware of the rules and regulations, parents can ensure that their children receive the financial support they need to grow and thrive. If you have questions about child support in split custody or need help modifying a child support order, it is advisable to consult with a family law attorney for guidance.