A 50/50 parenting schedule does not automatically eliminate child support in Texas. Time with the child is relevant, but support also depends on the applicable law, financial circumstances, the child’s needs and the terms of the court order.
Parents sometimes negotiate equal time first and assume support will therefore be zero. That skips a separate decision. Housing, insurance, childcare and other recurring costs may remain unequal even when overnight time is similar.
The Alchemy Attorneys, PLLC provides child support representation in Austin. Bring the proposed schedule and a supported account of the child’s expenses so both questions can be considered together.
Joint conservatorship does not mean equal time or no support
Texas Family Code Section 153.135 states that joint managing conservatorship does not require equal or nearly equal periods of physical possession. Section 153.138 separately allows a support order between joint managing conservators.
Conservatorship concerns parental rights and duties. Possession and access concern the schedule. Child support concerns financial obligations. A label used for one does not supply the answer to the others.
If an agreement uses the phrase shared custody, ask what that means in the actual proposed order. The calendar, decision-making provisions and support terms should each be readable on their own.
How equal time can fit into the support analysis
Family Code Sections 154.122 and 154.123 address the guideline presumption and factors that can support a different amount. Relevant considerations include time with the child, the child’s needs, parents’ resources and certain other expenses.
This does not create a universal formula that subtracts one parent’s guideline amount from the other’s whenever time is equal. Nor does it establish that the higher earner necessarily pays a particular figure in every case.
Ask what calculation is being proposed, which facts support it and why it fits the child. A spreadsheet should identify its assumptions rather than presenting a negotiated figure as an automatic statutory result.
Compare costs that continue between households
Some costs follow the child each day. Others continue throughout the month, such as a bedroom, an insurance premium or a childcare place needed to preserve availability. Counting nights alone may miss those obligations.
Prepare a realistic budget and distinguish recurring costs from occasional purchases. Avoid using the same expense in more than one category. Keep receipts or statements for significant items so a disagreement can focus on the actual amount.
- Health and dental coverage costs attributable to the child.
- Work-related childcare and school care arrangements.
- Transportation associated with the parenting schedule.
- Regular educational and other documented needs.
- Uninsured health-care expenses and the proposed allocation.
The appropriate legal treatment of each item should be checked. Listing an expense does not mean it is automatically deducted from support or reimbursable.
Medical and dental support still need express terms
An equal-time agreement should address who provides coverage, who contributes to its cost and how uninsured expenses will be handled. These details should not be left to an assumption that each parent pays whenever the child happens to be with them.
Specify the process for sharing statements and requesting reimbursement in language appropriate to the order. Clear administration matters even when the parents currently communicate well.
Can parents agree to a different support amount?
Section 154.124 addresses support agreements and the court’s review for the child’s best interest. Agreement between parents does not remove the need for an appropriate court order.
Have the full arrangement reviewed before signing. A lower periodic payment may be paired with other duties, and those duties need to be understood and properly stated. Consider how the plan would function if income, insurance or the schedule changes.
What if equal time starts after a support order?
Do not stop or reduce ordered payments merely because the informal schedule changed. The existing order remains the document to follow while advice is sought about modification.
Keep a record of the actual schedule and the circumstances that changed. Bring the signed order, current income documents and expense information. A review can then address whether a change is available and how to request it through the proper process.
Published by The Alchemy Attorneys, PLLC. This article provides general information about Texas law, not advice for a particular case.
