intentional

Texas Court Finds Mother Is Intentionally Unemployed

Published on: April 26, 2022 | by Francesca Blackard

iStock-1331374129-300x200 When a parent is intentionally unemployed, a court may order Texas child support based on that parent’s earning potential. Tex. Fam. Code 154.066(a). A mother recently challenged a court’s finding she was intentionally unemployed, arguing instead that her mental health concerns prevented her from being employed.

When the parents divorced in 2010, the court ordered the mother to pay $150 in child support.

She sought to modify the custody order in 2018, and the other party responded by asking for more child support. The mother asked the court to eliminate her child-support obligation altogether.

Texas Court Denies Child-Support Modification upon Finding of Underemployment

Published on: September 1, 2021 | by Kelly McClure

iStock-1132277483 In determining the Texas child-support obligation of a parent, the court may consider whether that parent is intentionally unemployed or underemployed. If the court finds the parent is intentionally unemployed or underemployed, it may apply the support guidelines to that parent’s earning potential, rather than to their actual earnings. Tex. Fam. Code Ann. § 154.066. The court does not have to find the parent was attempting to avoid child support to find intentional unemployment or underemployment.

In a recent case, a father challenged the denial of his request for modification of his child-support obligation following a change in jobs that resulted in a significant salary reduction. When the parties divorced in 2015, the trial court appointed the parents joint managing conservators and gave the mother the exclusive right to determine the children’s primary residence. The father was ordered to pay $1,600 in monthly child support and to maintain insurance for the children.

Mother and Father File Competing Modification Suits

The mother petitioned to modify the medical-support provision to give her the obligation to maintain medical insurance in 2019. The father counter-petitioned to reduce his monthly child support based on a change in his salary.

Texas Appeals Court Upholds Finding Father Was Intentionally Unemployed or Underemployed

Published on: February 8, 2021 | by Kelly McClure

iStock-483611874 If a parent in a Texas child-support case is intentionally unemployed or underemployed resulting in an income significantly less than what they could earn, the court may calculate child support based on their earning potential. Tex. Fam. Code § 154.066(a). The other parent has the burden of showing that the parent is intentionally unemployed or underemployed.

A father recently challenged a trial court’s finding that he was intentionally unemployed or underemployed and the child-support obligation based upon that finding.