Historically speaking, mothers are typically granted primary custody of a divorcing couple’s children. As a result, fathers are required to pay a certain amount of money each month to the mother in the form of child support.
However, more Texas courts are moving away from this traditional custody arrangement and are focused more on time sharing or equal parenting. In some cases, a father may be granted custody over the mother. In these cases, can a father get child support too?
The Definition of Child Support
The legal definition of child support is not money that is paid to the mother of a child by the father after a divorce. It is money that is paid by the non-custodial parent to the custodial parent after the couple divorces. This means that regardless of which parent is the custodial parent, the non-custodial parent will be required to make child support payments to the parent who is primarily caring for the child. If the child’s father has been awarded custody of the child, the mother will have to make child support payments based on her income and vice versa.
Texas courts recognize the benefit to the child by continuing to maintain a relationship with both parents. Shared custody is sometimes preferable to awarding either parent custody after a divorce, but how is child support calculated in these cases? Typically, the court will examine the amount of time the child spends with each of his or her parents, as well as the income difference between the parents, to determine if either should make child support payments to the other and for how much. In cases of truly equal parenting, no child support may be required.
When to Contact a Divorce Attorney
If you are going through a divorce, or are simply considering your options in the event that you decide to file for a divorce, it is important to discuss your rights with an experienced divorce lawyer in your area. An attorney who has the best interests of you and your family at heart can be a valuable ally during a divorce and related matters like child custody, child support, and more.
At the Bourlon Law Firm, we can provide you with compassionate, comprehensive legal support when you need it most. Call us today for a consultation to discuss your case and to find out how to take the next step at (361) 289-6040.