“We have the kids 50/50, so neither of us has to pay child support, right?”
We hear some version of this question all the time. It sounds logical. If the children spend approximately half their time with each parent, and both parents are paying expenses while the children are in their homes, why would either parent pay child support to the other?
But in Texas, a 50/50 possession schedule does not automatically mean there will be no child support. Possession and child support are related issues, but they are not the same issue. Depending on the parents’ incomes, the children’s needs, the expenses each parent is paying, and the circumstances of the particular case, one parent may still pay child support even when the parents have substantially equal possession.
Here’s how it works.
Texas Does Not Have a “50/50 Means No Child Support” Rule
This is probably the biggest misconception.
Texas has statutory guidelines for calculating child support. Under the guidelines, support is generally calculated as a percentage of the obligor’s net resources, with adjustments in certain circumstances. The guideline percentages for an obligor within the applicable range are generally 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five children.
But there is no corresponding rule in the Texas Family Code that says a 50/50 possession schedule results in $0 child support. In fact, when determining whether guideline child support would be unjust or inappropriate, Texas law specifically allows the court to consider “the amount of time of possession of and access to a child.” The court may also consider the parents’ respective resources, childcare expenses, the child’s age and needs, and other relevant circumstances.
So equal possession can matter. It just doesn’t automatically answer the child-support question.
Why Would Someone Pay Child Support If the Schedule Is 50/50?
Consider two parents who divide possession of their child equally. One earns $250,000 per year and the other earns $65,000. The number of overnights may be approximately equal, but the parents’ financial circumstances clearly are not. Texas law recognizes that child support is about supporting the child, not simply counting nights on a calendar. The statutory deviation factors include both the amount of possession and the parents’ ability to contribute to the child’s support.
That is why saying, “I have my child half the time, so I shouldn’t pay child support” doesn’t necessarily resolve the issue.
What Is an “Offset” Child Support Calculation?
In 50/50 cases, you may hear lawyers or parents talk about an “offset.” A common way of discussing support in an equal-possession case is to calculate what Parent A would theoretically pay Parent B under the guidelines, calculate what Parent B would theoretically pay Parent A, and then subtract the smaller amount from the larger amount (and the parent who earns more will pay the difference in the child support amounts to the other parent).
For example, image that Parent A would pay $2,200 per month in child support based on his/her resources, and Parent B would $1,000 per month in child support based on his/her resources. An offset approach would result in Parent A paying the $1,200 difference to Parent B (i.e. $2,200 – $1,000 = $1,200 offset child support calculation).
But, keep in mind, the Texas Family Code does not create a mandatory “50/50 offset formula.” The statutory child support guidelines are framed around the net resources of an obligor, and the Code separately allows a court to deviate from guideline support when the evidence establishes that applying the guidelines would be unjust or inappropriate.
So an offset can be a useful way to negotiate or analyze support in an equal-possession case, but parents should not assume there is a Texas statute requiring every judge to perform that calculation.
What If the Parents Earn About the Same Amount?
Now change the facts. Assume the parents have a true 50/50 schedule and earn approximately the same income. That creates a much stronger practical argument for little or potentially no periodic child support, particularly if the parents are also appropriately allocating the children’s other expenses.
But even then, the analysis shouldn’t necessarily stop with comparing salaries. The court can consider a variety of circumstances when deciding whether guideline support is appropriate, including the child’s needs, each parent’s resources, possession time, childcare costs, health insurance, education expenses, travel costs for possession, and other relevant factors.
Equal time plus equal income makes the analysis easier, but it does not create an automatic statutory exemption from child support.
Who Pays for Everything Else?
This is where a 50/50 arrangement can become more complicated than people expect. Splitting overnights evenly does not automatically split expenses evenly.
Someone may be paying for:
- Health insurance;
- Uninsured medical expenses;
- Daycare or after-school care;
- Extracurricular activities;
- School expenses;
- Tutoring;
- Camps;
- Clothing;
- Cell phones; or
- Other significant expenses for the children.
A well-drafted agreement needs to address more than simply saying that neither parent shall pay child support. If you’re going to structure support differently because the parents share possession approximately equally, you should also think carefully about who is actually paying the children’s expenses. Otherwise, eliminating monthly child support may simply move the dispute somewhere else.
What About Health Insurance and Medical Support?
Child support isn’t limited to the monthly check one parent sends the other. Texas orders generally also address medical support and dental support for children. That may include determining which parent is responsible for providing health or dental insurance and allocating uninsured or unreimbursed healthcare expenses.
So even in a case where neither parent pays traditional monthly child support, or where support is reduced because of an equal-possession arrangement, the order still needs to address the children’s healthcare expenses.
Can Parents Agree That Neither Will Pay Child Support?
Parents can certainly reach agreements concerning child support, including arrangements that account for a 50/50 possession schedule. But child support is ultimately about the best interest of the child. Texas law provides that if the court finds a child-support agreement is not in the child’s best interest, the court can request a revised agreement or enter its own support order.
In other words, parents cannot necessarily turn child support into a purely private contractual issue simply because they agree with each other. The court still has a role when it comes to child support.
What If One Parent Agrees to 50/50 Just to Avoid Child Support?
This is another issue worth discussing. A parenting schedule should be based on what is appropriate for the child, not simply on what produces the most favorable financial result for a parent. A 50/50 schedule requires considerably more than dividing 365 days in half. Parents need to consider:
- School
- Transportation
- Homework
- Extracurricular activities
- Work schedules
- Distance between homes
- Medical appointments
- The child’s age and temperament
- The parents’ ability to communicate and manage the logistics of frequent transitions
Texas policy encourages frequent contact with both parents and possession arrangements that foster close and continuing parent-child relationships. The possession schedule should therefore be designed around the child’s circumstances, not simply around someone’s child-support calculation.
Does “50/50 Custody” Actually Mean Exactly 50/50?
Not always. Parents frequently use the phrase “50/50” to describe several different schedules. Some arrangements truly result in almost exactly equal possession. Others are merely more expanded than a traditional possession schedule. That distinction can matter when child support is being negotiated or litigated. If a parent is asking the court to consider possession time as a reason to deviate from guideline support, the actual schedule matters more than the label the parents use for it.
What If One Parent’s Income Changes Later?
A 50/50 schedule also doesn’t necessarily freeze child support forever. Suppose the parents originally earned similar incomes and agreed to an arrangement with little or no periodic support. Several years later, one parent’s income increases dramatically. Or one parent loses a job. Or the children’s expenses substantially change. Or the actual possession schedule no longer resembles what the order says.
Depending on the circumstances, those changes may raise the issue of modifying child support. The fact that the parents agreed to a particular arrangement when their case was resolved does not necessarily mean that arrangement will remain appropriate indefinitely.
What If We Don’t Actually Follow the 50/50 Schedule?
This is another practical problem. An order may say the parents have equal possession, but reality may say something very different. If one parent routinely gives up periods of possession and the children are actually spending substantially more time with the other parent, the financial arrangement may no longer reflect how the family is operating. That can become important if one parent later seeks a modification.
It is one reason parents should think carefully before agreeing to a possession schedule that looks good on paper but isn’t realistic for their lives.
Child Support Is More Than a Math Problem
Texas provides guidelines because families and courts need a predictable framework for calculating child support. The guidelines are presumed reasonable and in the child’s best interest, although that presumption can be rebutted when the circumstances justify a different result. But an equal-possession case demonstrates why child support isn’t always as simple as multiplying someone’s income by a percentage. The real questions may include:
- How much time does each parent actually have the child?
- What are the parents’ respective financial resources?
- Who pays the child’s recurring expenses?
- Who provides health insurance?
- Are there significant childcare costs?
- Does the child have unusual educational, medical, or other needs?
- What arrangement is appropriate for this particular child and this particular family?
Final Thoughts
So, does 50/50 custody mean nobody pays child support in Texas? No, not automatically. A substantially equal possession schedule can absolutely be relevant to child support. Texas law specifically identifies possession time as one of the factors a court may consider when determining whether guideline support would be unjust or inappropriate.
But Texas does not have a blanket rule eliminating child support whenever parents share possession equally. Depending on the circumstances, one parent may still pay guideline support, the parties may negotiate an offset or another arrangement, support may be reduced, or the parties may agree that neither parent will pay traditional periodic support.
The right answer depends on much more than simply counting overnights.
Questions About 50/50 Possession and Child Support?
At Grinke Stewart Law PLLC, we help parents understand how possession schedules, income, child support, medical support, and children’s expenses fit together under Texas law. If you’re considering a 50/50 possession schedule, or already have one and want to understand how it affects child support, the analysis should focus on your family’s actual circumstances rather than the common assumption that “50/50 means no child support.”
