What Can I Do if My Ex Quits Their Job to Avoid Child Support in Texas?

When parents divorce or separate in Texas, the non-custodial parent is typically required to pay child support to help cover the costs of raising the child.

But what happens if a parent purposefully quits their job or becomes underemployed in an attempt to avoid or reduce their child support obligations? Can they get away with it?

The short answer is no. Under Texas law, voluntarily avoiding employment or becoming underemployed does not let a parent off the hook for child support. Texas Family Code Section 154.066 specifically addresses situations of intentional unemployment or underemployment.

Intentional Unemployment or Underemployment to Avoid Child Support in Texas

Section 154.066(a) states:

“If the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor.”

This means that if a court finds that a parent has purposefully quit their job, taken a lower-paying job, or reduced their work hours to avoid paying child support, the judge can calculate the child support amount based on the parent’s earning potential rather than their actual income.

The law looks at what the parent should be earning based on their education, work experience, skills, and the job opportunities available. For example, if a parent is an accountant making $80,000 per year but then quits and takes a minimum wage job, the court can impute income to him and set child support based on their prior $80,000 salary.

Determining Intent

Of course, not every job change is motivated by a desire to dodge child support. People get laid off, companies fold, and better opportunities come along. The key factor is the intent behind the employment change.

Evidence the court may consider in determining if a parent is intentionally unemployed or underemployed includes:

• The parent’s employment history and earnings
• The parent’s education and skills
• The job market and available opportunities in the parent’s field
• Any health concerns or disabilities affecting the parent’s ability to work
• The timing of the job change (e.g., did it coincide with the child support case?)
• The parent’s efforts (or lack thereof) to find suitable employment

Exceptions for Veterans

There is one notable exception to the intentional unemployment or underemployment rule. Under Section 154.066(b), a court may consider evidence that the obligor is a veteran seeking or awarded VA disability benefits or non-service-connected disability pension when determining if the veteran is intentionally unemployed or underemployed.

This provision acknowledges the unique employment challenges veterans, especially disabled veterans, may face. The court must evaluate the circumstances to determine if the veteran’s employment situation is a purposeful attempt to avoid child support or based on legitimate factors.

Incarceration Is Not Considered Intentional

Importantly, Texas law also specifies that incarceration cannot be considered intentional unemployment or underemployment when establishing or modifying child support. An incarcerated parent may still be able to seek modification of their child support obligation, but being in jail itself isn’t treated as voluntary unemployment by the courts.

Your Options if the Other Parent Quits Their Job to Avoid Child Support

If you believe your child’s other parent has voluntarily quit their job or become underemployed to avoid paying child support, you have options.

Here are some steps you can take:

1. Document the changes in employment. Gather evidence of the other parent’s work history, education, and skills, as well as any information about their current employment or job search efforts (or lack thereof).
2. Contact the Office of the Attorney General (OAG) Child Support Division. The OAG can assist you in enforcing an existing child support order. They have the power to investigate their employment situation and take enforcement actions such as wage garnishment, seizure of assets, and suspension of licenses.
3. File a motion for modification of child support. If you already have a child support order in place, you can file a motion asking the court to modify the order based on their intentional unemployment or underemployment. The court can then impute income based on their earning potential and set child support accordingly.
4. Consult with a family law attorney. An experienced child support attorney can help you understand your rights, gather necessary evidence, and take appropriate legal action. They can represent you in court proceedings and work to ensure your child receives the financial support they need and deserve.

Remember, although dealing with a parent who has quit their job to avoid child support can be frustrating, the law is on your side. By taking proactive steps and seeking help from the legal system, you can hold them accountable and secure the child support your child is entitled to.

Don’t Let Job Changes Compromise Your Child Support Obligations

The bottom line is that purposefully quitting a job or taking a lower-paying position to avoid child support doesn’t work in Texas. The law looks beyond actual earnings to a parent’s true earning potential in setting a child support amount.

Unless special circumstances like military service or incarceration apply, a parent who changes employment to get out of child support is still on the hook. The court has the power to impute income and ensure the support obligation is fair to the child.

If you are a parent with questions about intentional unemployment/underemployment and child support obligations, contact the Galveston child support attorneys at the Law Office of Aimee Stritchko. Our experienced family law attorneys can evaluate your situation and provide guidance on establishing, modifying, or enforcing Texas child support orders.