Specialty tag(s): Child Support
Sarah Aminzadeh Milinsky | October 11, 2024
As a Texas family law attorney, I am often asked how child support is calculated if the parents exercise a 50/50 possession schedule. There is a general misunderstanding among parents that a 50/50 possession schedule means neither parent has to pay child support. This is not always the case.
Most courts believe that the purpose of child support is to assist the custodial parent with the expenses of raising children. For example, if the custodial parent has the children 65% of the time, the courts assume that that parent is bearing 65% of the everyday expenses of the children.
However, when parents share equal parenting time, the natural assumption is that child support is no longer necessary. If each parent has the children for an equal amount of time, isn’t each parent paying the same amount to house and feed them? That’s not necessarily true, though. In fact, the Texas Family Code is completely silent on that scenario!
Thus, the courts are left to decide whether ordering child support is fair and just and in the best interest of the children for each individual family. In some scenarios, that might mean a monthly child support obligation, while other scenarios call for offset child support.
When parents participate in a 50/50 possession schedule but are not on equal playing fields (i.e., there is a significant disparity in the parents’ income), courts will likely establish a monthly child support obligation. The reason is that when there is 50/50 custody, child support in Texas is evaluated with the goal of determining what is in the best interest of the child(ren). For example, if Dad can barely afford a one-bedroom apartment in a dangerous part of town while Mom can afford a mansion and family vacations to Switzerland for spring break, the courts will likely find that it makes more sense to order Mom, the higher wage earner, to pay maximum child support (and sometimes even more) for the purpose of equalizing the playing field.
There is a clear process laid out for how to calculate child support in Texas. When calculating child support in Texas, it is based solely on the income of the obligor (the person who’s obligated to pay). The calculation of the monthly child support obligation begins with determining the obligor’s gross income, deducting certain costs to determine the net income (e.g., Social Security taxes, health insurance premiums, etc.), and taking a percentage of that amount depending on the number of children. For example, the child support percentage in Texas for one child is 20% of the obligor’s net income.
The child support percentage in Texas based on the number of children is as follows:
| Percentage of Net Resources Depending on Number of Children | |
| 1 child | 20% |
| 2 children | 25% |
| 3 children | 30% |
| 4 children | 35% |
| 5 children | 40% |
When calculating monthly child support in Texas, this percentage is not the only determining factor, though. Under Texas law, the formula for calculating child support also depends on how the obligor is paid.
If the obligor is paid monthly:
Net Monthly Resources x Percentage = Monthly Obligation
If the obligor is paid semi-monthly (twice per month):
Net Monthly Resources x Percentage = Monthly Obligation
Monthly Obligation ÷ 2 = Obligation Twice per Month
If the obligor is paid bi-weekly (every two weeks):
Net Monthly Resources x Percentage = Monthly Obligation
(Monthly Obligation x 12) ÷ 26 = Obligation Every Two Weeks
If the obligor is paid weekly:
Net Monthly Resources x Percentage = Monthly Obligation
(Monthly Obligation x 12) ÷ 52 = Obligation Every Week
In certain scenarios, the obligor may not need to pay specifically what is calculated, as there is a child support cap in Texas. However, it is important to be up-to-date on the current max child support in Texas, as it can change over time. Beginning Sept. 1, 2019, Texas adjusted the maximum child support in Texas per month based on monthly net resources of the obligor from $8,550 to $9,200.
The table below outlines the max child support in Texas an obligor can be ordered to pay depending on the amount of children they are responsible for:
| Maximum Child Support Obligation Depending on Number of Children | |
| 1 child | $1,840 |
| 2 children | $2,300 |
| 3 children | $2,760 |
| 4 children | $3,220 |
| 5 children | $3,680 |
If the court does not order a monthly child support obligation but the parents share equal parenting time, the court may order the higher-earning parent to pay offset child support to the lower-earning parent. This offset amount is not determined exclusively by the Texas child support percentage of net income. Rather, the offset amount is determined by calculating the difference between what the two parents’ child support obligations would be. For example, if Father’s monthly child support obligation to Mother is $1,800 based on his income, and Mother’s monthly child support obligation to Father is $700 based on her income, then Father would be ordered to pay a monthly offset of $1,100 to Mother ($1,800 – $700 = $1,100).
Other courts prefer that full child support orders be in effect both ways. In other words, using the example above, every month, Father would pay Mother $1,800, and Mother would pay Father $700. The result would still be a monthly offset of $1,100 to be paid by Father to Mother.
Sometimes, though rarely, a court may find that child support should not be ordered at all if evidence shows that both parents have equal incomes, equal work hours (thus having equal child-care expenses), and equal out-of-pocket child expenses (e.g., fees for extracurricular activities). Only when the parents are on equal playing fields will the courts consider disregarding the child support Texas percentage calculation.
Sarah Aminzadeh Milinsky is dedicated to using problem-solving techniques, such as Collaborative Divorce, to handle family law and divorce cases efficiently and with minimal conflict. She focuses on creative, interest-based negotiations to help clients achieve their goals without unnecessary expenses or disputes. Sarah prioritizes guiding her clients to make decisions based on logic rather than emotion. She earned her law degree cum laude from the University of North Texas Dallas College of Law.
For inquiries regarding child support in Texas divorce cases, please contact Sarah at 214-373-7676.
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