Child Support Attorney in McKinney, Texas

Which parent is responsible for child support in Texas?

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00:04
either parent
00:05
or neither parent can end up being
00:07
responsible for
00:08
paying child support it is generally
00:10
based upon
00:12
the possession schedule that the parents
00:14
share of the child
00:15
the texas family code only includes one
00:17
possession schedule that has two
00:19
different variations
00:20
a standard possession order or expanded
00:22
standard possession order
00:23
which has one parent as the primary
00:25
parent and the other parent
00:27
the non-primary parent would pay child
00:29
support the family code
00:31
provides guidelines for calculating
00:33
child support
00:35
in the standard possession order
00:37
scenario which is based on a certain
00:39
percentage of the non-primary parent’s
00:42
income up to a certain cap right now
00:44
that cap is the first ninety two hundred
00:46
dollars in net resources
00:48
which hits at about 150 or 160 thousand
00:50
dollars
00:51
it can vary a little bit in a 50 50
00:54
schedule
00:54
there’s nothing in the family code about
00:56
a 50 50 possession schedule
00:58
and there’s nothing in the family code
00:59
about child support in a 50 50 schedule
01:02
but we do see it a lot and typically
01:05
what we would do in a 50 50 schedule
01:07
is what’s called an offset we would have
01:10
calculate how much one parent would pay
01:12
under the guidelines
01:14
how much would the other parent pay
01:15
under the guidelines and whoever makes
01:17
more money would pay the difference
01:19
if the parties made basically equal
01:21
money then neither parent would be
01:22
paying child support to the other in a
01:24
50 50 schedule

Dallas, TX family law attorney Holly Draper explains which parent is responsible for child support in Texas. She explains that either parent—or sometimes neither—may be responsible for paying child support, depending largely on the possession schedule the parents share with the child. The Texas Family Code primarily provides for one type of possession schedule with two variations: a standard possession order or an expanded standard possession order. In these scenarios, one parent is designated as the primary parent, while the non-primary parent is generally required to pay child support. The Family Code outlines guidelines for calculating child support under these orders, typically based on a percentage of the non-primary parent’s income, up to a cap—currently the first $92,200 in net resources, which roughly corresponds to $150,000–$160,000, though this can vary.

For a 50/50 possession schedule, the Family Code does not provide specific guidance on child support. In practice, the firm often uses an offset method: calculating what each parent would owe under the guidelines and then having the higher-earning parent pay the difference. If both parents earn roughly the same income, then generally neither parent pays child support to the other under a 50/50 schedule.

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