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Do I Have to Pay Child Support With 50/50 Custody in San Antonio, TX?

Do I Have to Pay Child Support With 50/50 Custody in San Antonio, TX?

Parents are often surprised to learn that equal parenting time does not automatically eliminate child support. At Rojas Law Firm, we often speak with parents in San Antonio who assume that a 50/50 custody schedule means no child support obligation. Texas law does not work that way. Child support is based on several factors, and parenting time is only one piece of the analysis.

In many cases, a parent can still be required to pay child support even with a 50/50 custody arrangement in Texas. Understanding how Texas courts approach child support can help you set realistic expectations and make informed decisions early in your case.

How Texas Courts View 50/50 Custody

Texas does not use the phrase “50/50 custody” in its statutes. Instead, courts focus on conservatorship and possession schedules. Even when parents share equal or nearly equal parenting time, the court may still order child support.

The guiding principle is the child’s best interests. Courts look at whether both households can meet the child’s needs consistently. If there is a significant income difference between parents, support may still be ordered to help balance the child’s standard of living between homes.

Income Matters More Than Parenting Time

One of the most critical factors in determining child support is each parent’s income. Texas child support guidelines are largely income-driven. If one parent earns substantially more than the other, the higher-earning parent may be ordered to pay support even with equal time-sharing.

For example, if both parents have a week-on, week-off schedule but one parent earns double the other’s income, the court may decide that support is appropriate to ensure the child’s needs are met in both homes.

Why Child Support Still Exists With Equal Time

Child support is not a reward or punishment. It is intended to benefit the child. Even with equal time, children still have ongoing expenses that do not disappear just because parenting time is shared evenly.

These expenses may include housing, food, clothing, school costs, health insurance, and extracurricular activities. When one parent has more financial resources, support may be ordered to help cover these costs fairly.

Deviations From Standard Child Support Guidelines

Texas courts can deviate from standard child support guidelines when the facts justify it. A true 50/50 possession schedule may be one reason a court considers a deviation, but it does not guarantee one.

Judges may consider factors such as:

  • the amount of time each parent spends with the child;
  • the child’s needs and expenses;
  • each parent’s ability to contribute financially; and
  • any exceptional circumstances affecting the family.

A carefully prepared case can make a difference when asking the court to deviate from guideline support.

Agreed Child Support in 50/50 Custody Cases

In some cases, parents agree that neither will pay child support, or they agree on a reduced amount. Courts can approve these agreements if they believe the arrangement serves the child’s best interests.

However, judges are not required to accept an agreement that eliminates support. The court must still be satisfied that the child will be financially supported. As such, clear documentation and thoughtful planning matter when proposing a nonstandard arrangement.

Health Insurance and Other Shared Costs

Even when no monthly child support is ordered, courts often address how parents will share additional expenses. Health insurance, uncovered medical costs, and school-related expenses are common examples.

One parent may be ordered to provide health insurance, while both parents share out-of-pocket medical costs. These obligations exist separately from monthly child support and can still apply in equal custody arrangements.

San Antonio Courts and Local Practice

Family courts serving San Antonio apply Texas law, but local practice and judicial discretion still play a role. How a judge views equal parenting time, income disparities, and proposed agreements can influence the final outcome. Working with the Rojas Law Firm can help you avoid assumptions that lead to unfavorable results.

Planning Ahead Makes a Difference

If you are negotiating custody or preparing for court, it is imperative to understand how child support may be calculated in your situation. Reviewing income, expenses, and parenting schedules in advance allows for better planning and more productive discussions. We encourage parents to ask questions early and avoid relying on informal advice or assumptions.

Talk With Our San Antonio Child Support Attorneys

If you are wondering whether you may still be required to pay child support with a 50/50 custody arrangement in San Antonio, our team can help you understand how Texas law applies to your specific circumstances. Call 210-299-4600 to speak with Rojas Law Firm, or contact us online to schedule a confidential consultation.

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