In Texas, parents can agree to no child support, but it must be approved by the court to ensure it meets the child’s best interests. Child support is not seen as a right of the parents, but a right of the child, so even if both parents agree to no child support, the court can still order child support payments. Waiving child support isn’t automatic and will require approval by a judge. The Court will likely receive such a request more favorably if the parents are sharing equal possession of the children and both parents have sufficient income to meet the children’s needs during their period of possession. It’s important to note that all orders involving children are always made in the child’s best interests. Often, even when the parents have equal possession of the children, the Court may order “Offset child support”.
In Texas, offset child support may be ordered when the parents share equal parenting time but have unequal incomes. This is calculated by determining the difference between each parent’s child support obligation based on their income. The higher-earning parent may be ordered to pay the offset, which is the difference between the two child support amounts. For example, if the father’s monthly child support obligation to the mother is $1,800, and the mother’s monthly child support obligation to the father is $700, the father would be ordered to pay a monthly offset of $1,100 to the mother. This is to ensure that the child’s needs are met despite the income disparity between the parents.
