is it mandatory to pay child support in texas

[tiffany4816]

What is the name of your state (only U.S. law)? texas
my ex and i went to divorcewriter.com to get divorce papw. we went to dallas county and filed and our grace period is over. we have a final divorce decree ready to turn in but it has me paying child suppport. we both agreed either of us would not pay due to we both equally take care of our children. is it mandatory for one parent to pay child support in texas? if not can we remove that page from the divorce decree and turn it in that way without taking a chance on it be declined by the judge? my ex said to turn it in as it is and he does not have to accept child support from me. is that true?

 

[LdiJ]

What is the name of your state (only U.S. law)? texas
my ex and i went to divorcewriter.com to get divorce papw. we went to dallas county and filed and our grace period is over. we have a final divorce decree ready to turn in but it has me paying child suppport. we both agreed either of us would not pay due to we both equally take care of our children. is it mandatory for one parent to pay child support in texas? if not can we remove that page from the divorce decree and turn it in that way without taking a chance on it be declined by the judge? my ex said to turn it in as it is and he does not have to accept child support from me. is that true?

If the divorce decree has you paying for child support, then you will have to pay child support. You can refuse to sign the final paperwork unless its taken out.

However, even in a true 50/50 situation normally the higher wage earner does normally pay some child support.

 

[mistoffolees]

If the divorce decree has you paying for child support, then you will have to pay child support. You can refuse to sign the final paperwork unless its taken out.

However, even in a true 50/50 situation normally the higher wage earner does normally pay some child support.

They can run the calculation using an online calculator to see how much would be owed under state guidelines.

If the number is small, the court may allow them to waive it. If the number is significant, the court may not allow them to waive it, even if they wish to, unless there is a significant property transfer to make up for waiving child support.

 

[CourtClerk]

TX does a straight percentage of the NCP's income. They don't use the income shares model.

However, TX does allow for a deviation under certain circumstances.

 

[mistoffolees]

TX does a straight percentage of the NCP's income. They don't use the income shares model.

However, TX does allow for a deviation under certain circumstances.

Based on your comment, I did some checking and verified that. It also states that:

" It is not intended to estimate situations where there is joint physical custody or split custody."

I can't find a calculator which specifically addresses the shared custody situation. The best description I could find of how it is calculated in cases where there is a primary custodian is:
Texas Child Support Laws

For OP, I would suggest:

1. If the two incomes are similar, I wouldn't worry about it and submit the documents with no child support payment. However, I would insert a clause saying that the parties discussed child support and decided that because of the specifics of the situation, neither party will pay child support. That makes it clear that you just didn't forget it.

2. Under TX guidelines (see above), child support for 1 child will be about 20% of adjusted net income in the case where one parent has primary custody. If you're looking for a fair starting point, you might consider having the higher income person pay 20% of the DIFFERENCE in net incomes to the lower income person. But first ask an attorney if that is necessary and reasonable.

 

[lovemygirls2]

My brother and his ex-wife filed and added the language stating that no child support was to be paid by either party due to timeshare of parents being 50/50...

The judge accepted it.

 

[LdiJ]

Based on your comment, I did some checking and verified that. It also states that:

" It is not intended to estimate situations where there is joint physical custody or split custody."

I can't find a calculator which specifically addresses the shared custody situation. The best description I could find of how it is calculated in cases where there is a primary custodian is:
Texas Child Support Laws

For OP, I would suggest:

1. If the two incomes are similar, I wouldn't worry about it and submit the documents with no child support payment. However, I would insert a clause saying that the parties discussed child support and decided that because of the specifics of the situation, neither party will pay child support. That makes it clear that you just didn't forget it.

2. Under TX guidelines (see above), child support for 1 child will be about 20% of adjusted net income in the case where one parent has primary custody. If you're looking for a fair starting point, you might consider having the higher income person pay 20% of the DIFFERENCE in net incomes to the lower income person. But first ask an attorney if that is necessary and reasonable.

The is just kind of an FYI response.

When there is no calculator available for a split or 50/50 situation one way to get a reasonable estimate is to run the numbers with the mom being the custodial parent to see how much child support the dad would pay, and then run the numbers with the dad as the custodial parent to see how much the mom would pay. The difference between the two is very likely what the higher wage earner would pay.

Even when wages are equal, one might pay more in insurance/child care etc. and in that case the one with the higher child support amount would likely pay the difference.

I know of many cases where that is the way the judge calculated it in a 50/50 situation...or the way it was presented to the judge and the judge concurred...and it makes sense.

 

[mistoffolees]

The is just kind of an FYI response.

When there is no calculator available for a split or 50/50 situation one way to get a reasonable estimate is to run the numbers with the mom being the custodial parent to see how much child support the dad would pay, and then run the numbers with the dad as the custodial parent to see how much the mom would pay. The difference between the two is very likely what the higher wage earner would pay.

Which is essentially what I suggested as a reasonable solution.