If we have 50/50 custody, do I have to pay child support?

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If we have 50/50 custody, do I have to pay child support?

Asked on November 8, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on the agreement of the parties and the judge that you are before.  Generally speaking, the courts will usually order the parent who does not decide the residence of the child to pay child support to the other parent.  However, when custody really is 50/50, the parties can agree to waive the child support requirement.  The agreement will have to be approved by the court.  If during the prove up proceeding the court is not convinced that the waiver of child support is in the best interest of the child, then then judge does not have to approve the agreement.  Many spouses have been suprised at prove-up hearings when their agreements are rejected by the court and child support is imposed.  So if you do reach this agreement, make sure you both appear in court ready to explain how you both will not only be 50/50 on visitation, but also 50/50 on financial support of the child. If the agreement looks fair and well thought out, the judge will usually approve the agreement of the spouses to encourage future cooperation.


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