If you are involved in a custody case, you may be thinking about possession schedules for your children. Some parents find that a possession order giving them each equal parenting time is the best option for their family. If you have, or are looking for, a true 50/50 split for possession time, you may be wondering what effect such a schedule will have on child support. For an explanation from a family law attorney in Fort Worth, keep reading.
What Does Texas Law Say?
In Texas, the parent designated as the “primary conservator” has the exclusive right to receive child support. Typically, the parent who has the kids most of the time will be the primary conservator, but if parents agree to equal possession time, it is not required that a primary conservator be appointed.
Generally, that child support amount paid to the primary conservator is determined by the statutory guidelines. However, there are certain circumstances which may justify deviation from the guidelines. One such situation, of course, is when parents have equal possession time. Although a party may ask the court to consider the amount of possession time each party has when determining a child support amount, there is no specific mechanism for the court to calculate child support based on possession time. For this reason, parties may find that agreeing between themselves to a child support amount different from the guideline amount is a better approach. Two common agreements parties reach are explained below.
Common Child Support Agreements in These Cases
If both parties earn similar income, they may agree that neither parent will be ordered to pay child support.
On the other hand, if there is a significant discrepancy between each parent’s income, the parties can agree to offset child support. This is accomplished by calculating the amount that each parent would have paid based on his or her income, then determining the difference between those two amounts. The parent that has the higher income would then pay the difference to the parent with the lower income.
These options are only a couple of possibilities for determining child support. If both parents are agreeable, it is possible to find creative agreements that will work best for that family’s circumstances. Always keep in mind that however child support is calculated, the amount ordered must be in the child’s best interest.
Child Support Questions? Contact a Family Law Attorney in Fort Worth
If you are considering a 50/50 possession schedule for your children, reach out to a family law attorney in Fort Worth today to discuss your options and how equal possession might affect child support in your case.
At Lovelace Law P.C.. our attorneys have extensive experience helping divorced parents come to agreements over child support and possession schedules through mediation or through the court. Contact us today for a free consultation to learn more.
