When you separate or divorce, you want to move on. You don’t want to be involved in your ex’s life more than necessary. But if your ex owes child or spousal support, you may have to stay involved to make sure your children get what they need.
In this post our Texas family law attorneys will cover:
- How Texas courts expect parents to support their children,
- What happens if a parent is underemployed,
- How to prove your ex is Underemployed, and
- How Courts Enforce Child Support
Let’s begin.
Texas Courts Expect Both Parents to Support Their Children
In Texas, both parents must help support their children financially. Under Chapter 154 of the Texas Family Code, the court can order one or both parents to pay child support. This support usually continues until:
- The child turns 18 or finishes high school, whichever is later
- The child is legally emancipated by court order, marriage, or other legal means
- The child passes away
If the child has a disability, the court can require support to continue indefinitely based on the child’s needs.
The court can even order support from parents who are financially able, regardless of their custody status. In Texas, the amount a noncustodial parent pays in child support is usually based on their income.
Sometimes, a parent may quit their job or take a lower-paying job to avoid paying a higher amount of support. This is unfair and shifts the focus away from the children’s best interests.
Although the parent receiving support gets the money, the law says this money should cover the child’s basic needs, like housing, food, and clothing. When both parents provide financially, the child benefits from the combined income and resources.
If a parent tries to make less money on purpose to pay less child support, the court can decide payments based on what they really can earn.
What Happens if the Non-custodial Parent is Underemployed?
Imputed Income Explained
Imputed Income ExplainedIf the court thinks a parent is working less on purpose to pay less child support, it can set the payment based on what the parent should be able to earn. This is called imputed income. The court looks at more than just paychecks—they consider things like:
- Assets the parent owns
- Work history and past jobs
- Skills and education
- Efforts to find a job
- Any reasons that make it hard to get work
The court also checks if there are jobs available in the parent’s field and if employers would likely hire them. This helps make sure the parent pays a fair amount based on what they really can make.
How to Prove Your Ex Is Underemployed
If you believe your ex is working less than they can to avoid paying full child support, you have several options. First, you can contact your local child support office to open a case. If you think they’re not reporting their income correctly, you can ask the court to modify the child support order and investigate their earnings.
If you can show that a new child support calculation would differ from the statutory guidelines by $100 or 20%, you can request a modification every three years.
If you can show that a new child support calculation would differ from the statutory guidelines by $100 or 20%, you can request a modification every three years. The State also reviews the Consumer Price Index and other sources every six years and adjusts the percentages and maximums, which may affect the maximum child support you pay.
If your ex is reporting their income but still working below their ability, talk to your attorney and the child support office. You may need to show proof of their true earning potential or ability to work more.
Documentation
Gather documents like old pay stubs, bank statements, or tax returns to prove their income history. If they earn less now than before, the court will want an explanation.
Social Media
Social media can also be useful. You can use their social media posts, events, or pictures to show they’re not working as much as they say.
Witness Statements
Witnesses who know about your ex’s work habits or plans might be willing to speak to the court. Their statements can support your claim.
Vocational Experts
Vocational experts can also help. They understand the job market and can explain whether your ex is capable of working more or earning more money. They can discuss any real or claimed problems that stop your ex from finding better work.
How Courts Enforce Child Support
Texas Courts have several methods to enforce child support payments. Some of the more well-known enforcement methods include license suspension, passport denial, wage garnishment, or liens. These options are effective when the non-paying parent has income or assets. If a parent is unemployed or underemployed, many of these methods may not work.
The Child Support Evaders Program
The Texas Attorney General’s Office has established a Child Support Evaders Program to assist custodial parents in identifying and locating individuals who evade child support and hold them accountable.
Work Orders: When Employment Is Required
If a parent isn’t working or earning enough, the court may issue a work order—a directive to get a job or increase income. The person must make a good-faith effort to find work, often with help from programs like the Texas Workforce Commission. The goal is to enable them to pay support and become financially stable.
Consequences for Not Complying: Contempt and Criminal Charges
When work orders are ignored or support is not paid, the court can charge the parent with civil contempt first. Civil contempt is meant to force compliance, not punish permanently. If non-compliance continues, a judge may find the parent in criminal contempt—sometimes issuing an arrest warrant as a last resort.
Texas courts can make parents pay child support by suspending licenses, taking money from paychecks, ordering them to get a job, or even issuing an arrest warrant if they don’t follow the rules.
It’s frustrating to feel like you have to constantly push your ex just to meet their basic child support responsibilities. When you choose Terry & Roberts, you don’t have to handle this alone. Contact us today for a free case consultation to talk about your situation and explore your options.
Our experienced Brazoria County child support lawyers can help you work with the courts to make sure your ex gets employment and provides the support your children deserve. We’ll guide you every step of the way to reach the best outcome for your family.