Is child support owed on 50 -50 time share

[vintagexperts]

What is the name of your state? Texas

I agreed to pay child support for my son when I divorced. I have always had my son half of the time and my ex has him half of the time. I was in better financial shape then and now wish to discontinue the support. She is now remarried and in a two income famliy and the support is not needed. I house, cloth, and supply all the same needs as she does the two weeks he is with me. We are joint managing conservartors the only difference she has the right to establish primary residence. Should I still have to pay the support?

 

[stealth2]

Maybe, maybe not. Her spouse's income really doesn't have much to do with it since it's not his kid. If your income is significantly higher than hers then, yeah - you may have to pay some support.

 

[vintagexperts]

My income is not anywhere near hers as she owns her own business and makes alot more than I do. Since we have true joint and physical custody does the same hold true in her case? Are you saying if hers is significantly greater then she should be paying?

 

[stealth2]

It works both ways.

 

[Inquiry123]

Tx

In Texas, the residential parent's income is not figured into the support calculation. It doesn't matter if she's working or not. Your ex could have just hit the TX Lotto...you would still have to pay support for the child in accordance with YOUR income. But, if you hit the Lotto, you will pay more.

It also doesn't matter the amount of time/overnights the child spends with either parent. 20 or 200, it doesn't affect the support computation.

Would your ex consider sending your support payment back to you to help with the expense of caring for the child now that your income is decreased? That was a rhetorical question.

If your income has decreased substantially, you may be eligible to have the amount you are paying reduced after an income review. Check out the TX AG's website for the requirements involved in the process. Good luck.

 

[shawna maples]

According tx family code the amount of time the child is in the possession of the conservators can be considered in calculating cs.

 

[Inquiry123]

50-50

Yes, the TX Family Code indicates that a lot of things can be considered when computing the support amount. In a 50/50 split, it will not be.

It might seem fair that in a true 50/50 split, both parents would handle their own food, clothing, transportation, shelter, etc. for the children with neither parent necessarily owing the other for support. In many states, the actual number of days that the children spend with each parent is taken into mathematical consideration with the non-residential parent receiving a reduction in support for the number of overnights the children spend with them. Not so in TX.

Not fair? Probably. However, the support would likewise not be set any higher if one parent exercised absolutely no visitation.