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In Texas, the courts assume that joint conservatorship (custody) is best for the children ? unless one parent has a history of domestic violence or substance abuse. Joint custody allows both parents to make important decisions about their children, but does not account for parenting time.
The simple answer to this question is: it's possible, but only if the agreement is approved by a judge. In this article, our experienced Fort Worth child support attorneys will explain what happens if parents want to forgo child support and answer some frequently asked questions about this arrangement.
It's incredibly rare that a 50/50 agreement doesn't involve child support in Texas because both parents rarely earn the same income. Most likely, there will be some disparity (often a big one) in earnings.
TFC section 157.263 prevents unpaid child support payments from being reduced regardless of who asks for it. The change reinforces that child support is a serious financial obligation that cannot be avoided. It also brings Texas state law in line with federal law.
If the noncustodial parent earns more than $9,200 per month, the judge can order additional child support based on the income of the parties and the proven needs of the child. See Texas Family Code 154.125 and 154.126. A judge cannot include the income of the noncustodial parent's spouse when calculating child support.
For marriages that violated the 30-day waiting period for remarriage after divorce, you must file for annulment within one year after you were married. For marriages that violated the 72-hour waiting period after getting license, you must request an annulment within 30 days after the ceremony.
Even if the custody order has a child with you half of the time, you will likely be required to pay child support anyway. In fact, in joint custody situations, it's highly unlikely that child support won't be included. There is almost always some sort of income disparity, and it may be a large one.
In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.