For spouses with children facing divorce, the children always come first. It is essential to decide what is best for the children, while also figuring out the ideal financial situation.
To determine who pays child support in Texas with joint custody, the court will first choose which parents will have primary custody. For joint custody child support cases in Texas, The Larson Law Office can help.
How Does Texas Define Joint Custody?
Joint custody is common for divorcing spouses with children. That is, however, unless there are issues, including substance abuse or domestic violence, that would rule out joint custody.
In Texas, custody is often referred to as a conservatorship. When parents have joint custody, it is a joint managing conservatorship. While joint custody might seem to indicate each parent physically has the child 50% of the time, that is usually not the case.
Parents typically make important decisions regarding the child together, and one parent is typically the primary joint managing conservator, meaning the child will physically stay with them the majority of the time. A parenting plan can set forth a visitation schedule for the other parent.
Who Pays Child Support?
When parents have joint custody, child support is still paid. The court will decide the details of the child support, depending on certain details.
Generally, the parent that does not have primary custody of the child, the noncustodial parent, pays the other parent, the custodial parent, child support. Child support can greatly help the custodial parent afford the child’s necessities, including clothes, food, and other related expenses.
Factors at Play
The noncustodial parent usually pays the custodial parent child support. Which parent gets primary custody depends on the best interests of the child. When determining what is best for the child, the court will consider certain factors, including:
- The needs of the child;
- The child’s preferences (if the child is 12 or older);
- The relationship between parent and child;
- Stability at home;
- Parenting skills;
- Cooperation between the parents;
- Whether there are siblings that should stay together; and
- The fitness of each parent.
Once the judge decides on a custody arrangement, they will then determine how much child support the noncustodial parent will pay.
The amount of joint custody child support normally depends on the noncustodial parent’s income. The custodial parent must agree to accept the child support and use that money strictly for the child.
Are There Any Exceptions?
In most cases, noncustodial parents pay the custodial parent child support. Unless certain circumstances occur, child support typically continues until the child reaches the age of 18 or graduation from high school.
If, for example, a child is disabled or becomes disabled at some point, the noncustodial parent may need to continue paying child support indefinitely to ensure the child receives the proper care.
Discuss Your Child Support Joint Custody Case with a Texas Family Law Attorney
The Larson Law Office has had the pleasure of helping numerous families with joint custody and child support in Texas.
Our firm is dedicated to providing clients with the compassion they need while successfully solving the issues at hand. We are an office of top-rated attorneys ready to help our clients get the resolution they need. Contact us today to schedule your complimentary case review.