Child support is generally the next question divorcing parents have. Many parents believe that if the children spend as much time with one parent as the other, then neither parent will be required to pay child support. That is a misconception. Another common belief is that if the parents have two children and one will reside with their father and the other will reside with their mother, than neither parent will be required to pay child support. That is another misconception.
The parties are generally allowed to make such decisions independently, but if a mutual decision cannot be made, one parent will generally be required to pay support for the children to the other parent. One significant issue that the courts often look at is the disparity in income and the ability of one parent to earn income in the future. Texas law has provisions to determine how much one parent should pay to the other parent for support of the child or children in each of the two cases mentioned above.
Normally all children will live with the primary caretaker and the other parent will be obligated to pay support for the children to the primary caretaker of the children. Child support is a mathematical calculation. The calculations are clearly set forth in the Texas Family Code. The determining factors to calculate child support include income, number of children, cost of health insurance, and if the parent ordered to pay child support has an obligation to pay support for any other children he or she may have from another relationship. Once those factors have been determined, there are charts in the Texas Family Code that attorney’s use to determine the amount of child support one parent must pay to the other parent for the support of the children.
There are many other issues that can come up that are common during a divorce proceeding involving children. Do not make a decision or agreement without first consulting with an experienced family lawyer.
If you are contemplating a divorce, wanting to begin the divorce process, or you have been served with divorce papers, contact experienced family law attorney Leonard R. Morgan at (512) 868-0150 immediately.