How Can Child Custody Affect Other Parts of a Divorce Resolution?

 Posted on September 20, 2021 in Divorce

When parents get divorced in Texas, their children are often one of their most important concerns. Addressing child-related issues is also one of the most important parts of the divorce process. Most notably, parents will need to determine child custody arrangements that affect each parent’s involvement in their children’s lives. However, the decisions made regarding child custody can also impact other elements of a divorce resolution.To achieve an outcome that best meets your needs and your children’s needs, it is important to understand how all of these different issues may affect each other.

Child Custody and Child Support

According to Texas law, the parent who will be ordered to pay child support in a divorce is usually the parent who will have less custodial time with the child according to the child custody order. If you expect that your spouse will be granted a larger share of physical custody, you should be prepared to make child support payments. The amount paid is based on a percentage of the noncustodial parent’s monthly income.

Child Custody and Property Division

Child custody arrangements can sometimes have an impact on the division of community property, particularly when it comes to the family home. The court may find that it is in a child’s best interests to spend the majority of their time living in the home they are accustomed to, and therefore may favor a parent with primary custody when granting possession of the home. However, Texas courts also attempt to ensure that the spouses are treated equitably when dividing property, so a noncustodial parent may be granted a larger share of other marital assets. 

Many parents also choose to work out property settlements that include alternative arrangements for the home with their children’s needs in mind. For example, it may be possible to defer the sale or division of the home until a later date after the divorce, perhaps once the children have graduated high school.

Child Custody and Spousal Maintenance

One of the circumstances in which Texas courts may award spousal maintenance is when one of the parties is primarily responsible for caring for a child with a disability or special needs. The degree of care and attention that a child needs may make it difficult for a parent to work and earn sufficient income to support themself, so in these cases, spousal support may be ordered in addition to child support.

Contact a Texas Child Custody Attorney

Protecting your children’s best interests will likely require close attention to all aspects of your divorce resolution. At Powers and Kerr, PLLC, we can help you reach a fair resolution regarding any divorce-related issues through negotiation or litigation. Contact our Austin divorce lawyers today at 512-610-6199.

Sources:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm