How do I calculate monthly child support for a JOINT CUSTODY situation of one child and both PARENTS HAVE INCOME in a divorce case in TX???

Asked on June 27, 2009 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the parents have joint physical custody with the child spending a substantial amount of time with each parent, and if the parents have approximately equal incomes, it is possible neither parent will have to pay support to the other.  The father and mother will pay the child’s day-to-day expenses when the child is in the respective homes.  The parents, however, will need to coordinate payments on major expenses such as camp, school, clothing, and insurance.

If there is a significant difference in the parents’ incomes, the parent with higher income probably will make payments to the other parent or pay more of the child’s expenses, but the amount paid probably will be less than the guideline amount because of the joint physical custody arrangement.

Here's the Texas statute concerning child support: http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000154.00.htm


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.