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Smith & Garg - Attorneys at Law
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Domestic Dispute



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Common Law Divorce - FAQ's

Faq's

Family Law Attorney, Family Law and Common Law Divorce

If the non-custodial parent takes a job earning less money will that decrease the amount of child support?

The Texas Family Code provides that if the actual income of the non-custodial parent is significantly less than what the person could earn due to intentional unemployment, the court may still apply guidelines child support.  While the mere fact that the person is earning less is not enough to show that he is intentionally unemployed or under-employed.  Intent must be proven and this can be inferred by considering the person's education, economic reversals, business background and earning potential.  At the very least, the court would order support based on the minimum wage.

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