How Does Equal Possession and Access Affect Child Support?

Things change after a divorce, and most parents find the legal aspects of parenting plans and child support confusing. Do not let unclear legal terms jeopardize your financial future with garnishments and liens, or worse, lead to jail time and other non-payment penalties under Texas Penal Code § 25.05.

Our skilled family law attorneys at Kimbrough Legal, PLLC, have counseled parents just like you on this topic. Here’s what to know about your legal rights and responsibilities, and how equal possession and access affect child support.

Does Equal Possession and Access Eliminate or Reduce Child Support?

In Texas, equal possession and access do not automatically eliminate child support for either parent. Instead of basing child support on how much time each parent spends with their kids, state law calculates these payments primarily on each parent’s income and the number of children involved.

In some cases, equal possession could reduce the amount owed in child maintenance by the higher earner. The court may be willing to factor equally shared conservatorship into the support calculation, but it rarely eliminates these payments entirely to prevent financial disparities from negatively impacting the children.

How Does the Court Calculate Child Support?

The court calculates child support for each parent individually, as if they were the non-custodial parent, to determine the difference between these amounts. The higher-earning parent then pays this variance.

State law bases the child support obligation on a percentage of your net monthly resources, not your gross income, with a cap at $11,700  per month at the time of the order. For one child, that percentage is 20; for two children, it goes up to 25 percent, and so on. However, the court could adjust this amount for factors such as educational expenses, medical needs, and in some cases, custody.

Call Us to Discuss How Equal Conservatorship Could Affect Your Child Support

If you are concerned with how equal possession and access may affect your child support plans, set up a consultation with Kimbrough Legal, PLLC, so we can help. Our multilingual team speaks both English and Spanish to better serve Austin families.

Our lengthy record of proven results and many five-star reviews demonstrate our firm’s dedication to family law. You need a bold attorney to represent your interests. Let our tech-savvy team guide you through the complex custody and support process with compassion and experience.