50/50 Custody in Texas: You Might Still Owe Child Support

Parents who split time evenly with their child often assume the arrangement cancels out child support. In San Antonio and across Texas, that assumption is not consistent with the letter of the law and may lead to some surprises when a judge rules. Equal parenting time and child support are governed by different parts of the Texas Family Code, and equal parenting time does not automatically eliminate child support.

At Lishman Law, PLLC, our San Antonio child visitation attorneys and legal team advise San Antonio parents on how a 50/50 possession schedule may affect child support orders, and what it takes to change either one.

Custody and Child Support Are Separate Legal Questions

Texas law addresses conservatorship, possession, and access in Family Code Chapter 153, and child support in Chapter 154. A court can name both parents as joint managing conservators and order a possession schedule that splits time evenly, and still order one parent to pay support to the other. The two orders come from different statutes and answer different questions: who makes decisions and which parent the child should be with at any given time, and how much money each household needs to contribute to meet the child's financial needs.

Under Texas Family Code Section 154.001, a court may order either or both parents to support a child regardless of which parent has physical possession at any given time. Support is not a reward tied to possession time. It is calculated separately based almost exclusively on the income of the “obligor” (the parent paying the support).

How Texas Courts Approach 50/50 Parenting Time

Texas has no statewide law that presumes parents should split possession time equally. Every conservatorship and possession decision is measured using the “best interest of the child” standard under Texas Family Code Section 153.002. Courts can and do approve equal possession schedules when both parents request one, provided that the arrangement fits the child's needs; but nothing in the code makes an equal schedule the default outcome, and nothing in the code ties the support amount to the number of overnights each parent has with the child.

A parent who reaches an equal possession agreement with the other parent, or wins one in a contested case, still has to address child support as its own line item in the final order.

Do You Have to Pay Child Support with 50/50 Custody in Texas

In many cases, yes. Texas calculates child support based on the paying parent's net monthly resources and the number of children, not on a percentage of possession time. If one parent's net resources are higher than the other's, a court will often order the higher earning parent to pay support to the lower earning parent, even when both parents have the child exactly half the time. The support order exists to equalize resources in both households to cover the child's day-to-day and long-term costs- an income gap between two parents does not close just because the schedule is even.

Parents sometimes point to the direct time and expenses they already cover during their possession periods. Courts can weigh that factor, but it is one factor among many, not a rule that erases the obligation automatically.

How Courts Calculate Support in an Equal Possession Arrangement

Texas support calculations generally start with each parent's net resources: gross income minus a set of statutory deductions, including:

• Federal income tax withholding;
• Social Security taxes;
• Union dues;
• The cost of the child's health and dental insurance premiums.

The court then applies a percentage set by statute to the paying parent's net resources, up to a monthly cap. Under Texas Family Code Section 154.125, the guideline percentages are:

• One child: 20 percent
• Two children: 25 percent
• Three children: 30 percent
• Four children: 35 percent
• Five or more children: 40 percent

These percentages apply to net resources up to the statutory cap (currently $11,700.00 of net monthly income).

When both parents share possession close to evenly, many Texas courts apply an offset approach: each parent's guideline support amount is calculated separately based on that parent's own net resources, and the parent with the larger guideline figure pays the other parent the difference between the two amounts. The result is a single monthly payment from the higher earner to the lower earner, sized to the gap between their incomes rather than to a flat guideline number. This “offset” approach is widely used, yet not codified in any statute. In other words, it is a practical tool developed by family law courts and practitioners, but no law contains this “offset” approach.

When Can Support Drop to Zero in a 50/50 Schedule

A court has discretion to move away from the standard guideline amount under Texas Family Code Section 154.123, which lists factors such as:

• The possession schedule and the direct costs each parent covers while the child is with them;
• Each parent's net resources relative to the other parent's;
• Each parent's ability to contribute to the child's support;
• The age and needs of the child;
• Childcare and health care costs.

If one parent earns substantially more than the other, an equal schedule alone rarely brings the support figure down to zero. A support amount at or near zero in an equal possession case is generally ordered when both parents earn roughly the same income. In addition, courts look at how the parents are each contributing to the child's direct costs (for example, is one parent paying all the cost of daycare or private school tuition).

Child-Related Costs a 50/50 Schedule Does Not Erase

The following costs are typically addressed in the support order itself, apart from the base guideline payment:

• Health insurance for the child;
• Uninsured medical and dental expenses;
• Childcare during work hours;
• School tuition;
• Fees for extracurricular activities

An even possession schedule does not automatically divide these costs equally between the parents. The support order, or a separate provision within it, sets out who carries the insurance, how uninsured medical costs are split, and how other recurring expenses are handled.

The 2025 Increase to the Texas Child Support Cap

Effective September 1, 2025, the Office of the Attorney General raised the net resources cap used in guideline calculations from $9,200 to $11,700 per month, following the periodic review required under Chapter 154. At the new cap, guideline support for one child reaches $2,340 per month (20 percent of $11,700), up from $1,840 under the prior cap, and the percentages for additional children apply to the same higher figure.

The increase applies to new orders and to modifications granted on or after September 1, 2025. An existing order calculated under the old $9,200 cap does not change automatically. A parent seeking to apply the new cap, whether raising or lowering support, needs to file a modification suit and show the change meets the legal standard for modification.

Things to Remember with a 50/50 Custody Schedule

Before assuming that equal parenting time settles the money question, keep the following considerations in mind:

• An even possession schedule and a child support order are determined under different parts of the Texas Family Code.
• A court has the authority to order both a 50-50 schedule and child support under the guidelines.
• Support is based primarily on the paying parent's net resources and the number of children; while parenting time may be a factor, it is not determinative under the law.
• A common outcome in equal-time cases is an offset payment from the higher-earning parent to the other parent, not a $0 order.
• Bringing support to zero generally requires net resources close to equal between both parents, plus an equal division of the child's direct costs.
• Health insurance, uninsured medical expenses, childcare, and school costs are typically addressed separately from the base guideline amount.
• The net resources cap rose from $9,200 to $11,700 per month effective September 1, 2025, and existing orders do not update automatically.
• Any change to an existing schedule or support figure, including one based on the new cap, requires a modification suit rather than an informal agreement between parents.

Get Clarity on Your Custody and Support Order

A 50/50 schedule settles where your child spends time. It does not settle what either parent owes. Schedule a case evaluation with Lishman Law, PLLC to review your possession order, your income, and your support figure with our experienced family law attorneys.