If the obligor takes a lower paying job to reduce the child support, does the non-custodial parent have any recourse?
The court has the discretion to assess child support on the basis of a parties’ earning capacity rather than actual earnings. This is especially true if the court finds that the obligor is earning significantly less money because of intentional underemployment or unemployment. If there is no evidence of the wage and salary income, the court will presumptively apply the child support guidelines based on the Federal minimum wage.
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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
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