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Can a "shared custody" (assuming the above is shared) situation work to where I'm not given child support? Does he have to pay?
Anonymous6 views2 answers
Husband asked for a divorce in April 2014 during his affair. Because I was a stay at home mom at the time, he lived with us (me and our three children) until I was back to working. I found a job in April 2015 and he moved out in July 2015. He lives about 10 minutes away and currently, the way we handle things is I have the children Sundays, Mondays, Tuesdays, and Wednesdays. I drop them off at his house Wednesday evenings and he has them that night, Thursdays, and Fridays. We alternate Saturdays. I'm under the impression this is called "Shared Custody". Because of this, he simply pays for half of childcare (I pay the other half), and keeps the kids on his insurance. He does not pay child support. I don't need child support.
The Court can approve any agreement it finds in your children's best interests. The Court most likely will approve your agreement though an attorney practicing in that court could more likely confirm your judge's likelihood of approving the agreement. Agreements are favored under the public policy of Texas as a way of settling family law disputes. Regarding split custody, Texas Family Code does not provide any guidance on child support. Typically, courts and practitioners look at the respective resources in each household and the differential percentage is paid from the greater to the lesser household because the children are entitled to the same or similar standard of living with both parents. It is not a question of whether you need it but a matter of what your children are entitled. It is for the children.
Each parent has a duty to support their children and an order of child support in line with the guidelines of the family code is presumed to be in the best interest of the child. Parties can agree to deviate from guideline child support, i.e. agree that there be no child support, but the final order must be approved by a judge. Courts usually order child support if the decision is put before the court.
The possession and access schedule is a separate issue from the child support. While the possession and access schedule can be some evidence as to why parties need to deviate up or down from guideline child support, it does not determine the child support. If you have a parenting plan with the possession and access schedule as stated in the facts that both parties agree with and is in the best interest of the children, a court is allowed to order the possession and access schedule in the final order.
Be careful to think through all of the possession and access throughout the year, including holidays, birthdays, summer visitation, pickup and drop off arrangements, etc. Possession and access schedules can be complicated and you would benefit from discussing the issue with an attorney.
