When there are children involved in a divorce, one of the most common results of a dissolved marriage is child support. In Texas, child support is calculated based on a percentage of monthly net resources.
While most divorced spouses willingly pay their fair share of child support, some try to scam their way out of paying their due through intentionally reduced income!
Let’s take a look at this unfair practice and how the Nilsson Legal Group can put our family law expertise towards ensuring your children receive the financial support they need.
What is Intentionally Reduced Income?
Intentional underemployment occurs when a parent who is required to pay child support intentionally loses employment or takes a low-paying job.
Yes, people get fired and demoted; and in many cases, the courts can work out a restructured payment.
However, if a person purposely loses their employment and is qualified to work, this is considered intentionally reduced income.
The goal of this scheme is to appeal to the courts and reduce the monthly amount of child support owed.
Examples of Intentional Unemployment
Some examples of intentional unemployment include:
- Being fired and not seeking employment
- Quitting a job and not seeking employment
- Quitting a job for a position that makes substantially less income
- Not working full-time when full-time work is available
If You’re Intentionally Unemployed, Do You Still Have to Pay Child Support?
The short answer is, yes! There is no way that any employment shift can allow you to shirk your child support responsibilities. Changes to child support payment amounts vary on a case-by-case basis.
However, keep in mind that if intentional unemployment is involved with your desired changes, Texas courts are going to examine your earning potential against your actual earnings.
Is it Difficult to Prove Intentional Underemployment?
Yes, it is extremely difficult to prove intentional underemployment during or after the divorce process. In order to do so, one would have to produce 3 forms of evidence:
- Proof that the employment shift is intentional
- Proof that your future ex-spouse doesn’t want to pay child support
- Actual proof that the party is eligible to earn more than they are currently earning
With the right divorce lawyer in your court, it is possible to dig up the evidence you need to prove mal intent. However, in many cases, the courts will:
- Base the child support on the spouse’s historic earnings
- Base child support off of job availability and opportunities in the spouse’s field of work
- Base child support off of actual current earnings, and more.
As we’ve mentioned, there are many ways that a court can approach sudden shifts in employment. Without the proof required to uphold the original payment amounts, child support payments could end up shifting based on a number of factors.
Hire Nilsson Legal Group to Fight Against Your Ex’s Intentional Underemployment Attempts
If your ex-spouse recently intentionally lost their job or got themselves demoted in order to get out of paying child support, let the family law attorneys of Nilsson Legal Group in Tarrant County help you prove their fault.
We have experience with all aspects of divorce and post-divorce obstacles and can guide you through the process of proving foul play and ensuring that your ex pays the child support they can afford to pay on a monthly basis.
Contact us today to learn more about our services and to schedule your free consultation with a member of our firm.