Collaborative Divorce Texas

  • Donate
  • For Professionals
    • Membership Advantages
    • Events/Training
    • Become a Member
    • For Students
    • Volunteer at CDT
    • Advertise With Us
  • Contact Us
  • Login
  • Home
  • Find a Collaborative Professional
  • What is a Collaborative Divorce?
    • What is Collaborative Divorce?
    • Frequently Asked Questions
    • About CDTexas
    • Master and Credentialed Collaborative Divorce Professionals
    • The Gay G. Cox Award for Excellence in Collaborative Law
  • Blog
  • For Collaborative Professionals
    • Membership Benefits
    • Events/Training
    • Become a Member
    • For Students
    • Advertise With Us
    • Volunteer at CDT
    • Login
  • Donate
  • Contact Us
  • What is Collaborative Divorce?
    • What is Collaborative Divorce?
    • Why Use a CDTexas Member?
    • About Us
    • Master and Credentialed Collaborative Divorce Professionals
    • The Gay G. Cox Award for Excellence in Collaborative Law
  • Testimonials
  • FAQs
  • Blog
  • Find A Professional
    • How Do I Choose a Collaborative Professional?
    • Attorneys
    • Financial Professionals
    • Mental Health Professionals
    • See All

Donate

You are here: Home / ••• / Child Support and Custody

Child Support and Custody

October 2, 2017 By Harry Munsinger, J.D., Ph.D. Leave a Comment

child supportChild custody involves allocation of parental rights or duties and the amount of time the children spend with each parent.  Rights and duties can be exercised independently by each parent, shared jointly by both parents, or awarded solely to one parent, depending on whether they can cooperate.  Physical custody can be according to the standard possession order (one parent has primary custody of the children and the other parent visits his or her children every other weekend), the parents may split custody (where different children live with each parent and visit the other parent according to a standard possession schedule), or the parents can share custody (where each parent has custody of their children 50% of the time).  Split custody may happen when older children express a preference for living with different parents.  Child support is calculated differently depending on the parent’s custody arrangement.

1.  Child Support and Standard Possession. 

Under a standard possession order, the parent who visits his or her children every other week end generally pays child support according to legislative guidelines.  Texas guideline child support is calculated by multiplying the net monthly resources of the paying parent by a percentage based on number of children before the court.  For example, when one child is involved, the percentage is 20%; for two children it’s 25%, for three it’s 30%; four children earn a percentage of 35%, and for five or more children, not less than 40% of net resources is used as the multiplying percentage.  The percentages are reduced if children from a prior marriage are also receiving support.

2.  Child Support and Split Custody. 

Under a split custody arrangement, where different children live with each parent, courts generally calculate child support according to standard guidelines for both parents and order the parent with the higher income to pay the difference in calculated child support to the parent with the lower income.  In this arrangement, all the children enjoy approximately the same level of support no matter where they live.  Another way to calculate child support under split custody is to calculate child support based on the number of children living in Mom’s and Dad’s households and then ordering the parent with the higher support obligation to pay the difference in calculated child support to the other parent.  For example, if one parent has custody of one child and the other parent has custody of three, you would use the guideline formula to calculate the support owed by each parent separately, and order the parent with the higher support obligation to pay the difference to the other parent.

3.  Child Support and Shared Custody. 

A common model for calculating child support when the parents share custody 50/50 is called the income shared model.  Here, child support is calculated by combining the incomes of both parents and calculating the percentage of income each parent earns.  For example, if Dad earns $50,000 and Mom earns $100,000, Dad would pay 33% of the children’s expenses and Mom would pay 67% of the children’s expenses.  Another common model for calculating child support with shared custody is to calculate the amount of child support each parent would own under standard legislative guidelines and subtract the lower support payments from the higher support payment.  Then, the parent with the higher support obligation would be ordered to pay the difference in calculated child support to the other parent.  If the parent’s incomes are approximately equal, then no child support is owed. 

Physical custody in Texas may be by standard possession, split custody, or shared custody.  Child support is calculated differently depending on the particular custody arrangement each family enjoys.   Under a standard possession order, child support is calculated according to Texas legislative guidelines.  When different children live with each parent, courts generally calculate child support according to standard guidelines for both parents and order the parent with the higher income to pay the difference to the parent with the lower income. 

  • A common model for calculating child support when the parents share custody is to calculate child support by combining the incomes of both parents and calculating the percentage of income each parent earns.  Then, each parent pays that percentage of the children’s expenses. 
  • Another common model under shared custody is to calculate the child support each parent would own under legislative guidelines and subtract the lower support payments from the higher support payment.  The parent with the higher support obligation would be ordered to pay the difference to the other parent.  If the parent’s incomes are approximately equal, then no child support is owed. 

About Harry Munsinger, J.D., Ph.D.

Harry Munsinger practices collaborative and estate law in San Antonio. He has over twenty years experience resolving disputes involving divorce, probate, wills, and trusts. Harry was an adjunct law professor at the University of Texas and St. Mary’s University. He has published several textbooks and over forty psychological and legal articles. Harry has been a forensic psychology expert, a licensed psychologist and a litigator.

Filed Under: •••, Blog, Harry Munsinger, Our-Featured-Authors Tagged With: Child Custody, child support

Leave a Reply

Your email address will not be published. Required fields are marked *

Find a Professional

Getting started with the Collaborative Process?

First your need to connect with a trained Collaborative Professional.

[Find Out More....]

Articles by Category

Featured Video

  • Collaborative Divorce Testimonial
  • Child of Divorce

Why Collaborative?

  • Jennifer Leister
  • Steve Walker
  • Carla Calabrese
  • Dawn Budner
  • Becky Davenport
  • Jody Johnson
  • Honey Schef
  • James Urmin
  • Kurt Chacon
  • Natalie Gregg
  • Robert Matlock
  • Deborah Lyons
  • Carlos Salinas
  • Camille Scroggins
  • Linda Solomon
  • Richard Soat
  • Lisa Rothfus
  • Jeffrey Shore
  • Barbara Cole
  • David Brunson
  • Jennifer Tull
  • Syd Sh
  • Susan Z. Wright
  • Christi Trusler
  • Camille Milnser
  • Linda Threats
  • Sarah Keathley
  • MaryAnn Kildebeck
  • David Bouschor
  • LIsa Marquis
  • Harry Munsinger
  • Vicki James
  • Robin Watts
  • Katie Berry
  • Jack Emmott
  • Jennifer Broussard
  • Patricia Havard
  • Paula Locke Smyth
  • Laura Schlenker
  • Norma Trusch
  • Brett Christiansen
  • Tim Whitten
  • Mickey Gayler
  • Melinsa Eitzen
  • Julian Schwartz
  • MaryAnn Knolle
  • Chad Olsen
  • Chris Farish
  • Charles Quaid
  • Anne Shuttee
  • Barbara Runge
  • Rhonda Cleaves -
  • Jamie Patterson
  • Catherine Baron
  • Kristen Algert
  • Sandra Roland
  • Rhonda Cleaves 2
  • Gratia Schoemakers

Have you read?

Divorce and Addiction: What You Need to Know

If you’re married to an addict, you suffer directly and by watching your spouse deteriorate. Addicts lie, are reckless, and they cheat. Moreover, you’re partly responsible for the damage they do. If … [Read More...]

More Articles from this Category

The Collaborative Law Institute of Texas

d/b/a
Collaborative Divorce Texas

Proud Members of IACP

1400 Preston Road
Suite 400
Plano, TX 75093
(972) 386-0158

Please note: Our office will be closed on

Holiday closures:
Limited: Nov. 23rd & 24th
Closed: Nov. 25th , 26th and 27th

Christmas:
Closed from December 24-December 30, 2022.
Offices open on January 2nd, 2023.


Website Terms of Usage

Contact Our Webmaster

 

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • Vimeo
  • YouTube

Search Our Website

Find A Professional

  • Find a Collaborative Professional
  • Attorneys
  • Financial Professionals
  • Mental Health Professionals
  • See All
EnglishFrançaisDeutschItalianoPortuguêsEspañol

Copyright © 2023 · Collaborative Divorce Texas · All Rights Reserved

· · ·

Web Design and Maintenance by The Crouch Group