A trial court has the discretion to set child support based on an obligor's earning potential without finding that the unemployment was intended to avoid support obligations.
An obligor challenges a child support order calculated based on earning potential rather than actual earnings, arguing the trial court must find that the obligor's unemployment was intended to avoid child support. Under Texas Family Code section 154.066, a trial court has the discretion to apply child support guidelines to an obligor's earning potential if the obligor is intentionally unemployed or underemployed. Because the statute does not explicitly require proof of a specific motive or purpose, the trial court need not find that the unemployment was intended to reduce child support obligations. The court holds that while intent to avoid support may be considered as a factor, it is not a required element for the application of the statute.
At page 78 Trial court discretion in setting child support217 citing cases“a trial court abuses its discretion when it acts arbitrarily or unreasonably, without reference to guiding rules or principles.”
- In the Interest of T.M.B. & I.B., Child. v. the State of Texas, No. 13-24-00070-CV (Tex. App.—Corpus Christi–Edinburg Apr. 10, 2025).published (A trial court has discretion to set child support within the parameters provided by the Texas Family Code.)
- In the Interest of N.A.W. & E.D.W. v. the State of Texas, No. 09-22-00354-CV (Tex. App.—Beaumont Dec. 19, 2024).published See Iliff, 339 S.W.3d at 82 (“the judge as fact finder has latitude to consider the testimony and evidence to make the necessary determinations”).
- In the Interest of E.M.N., a Child v. the State of Texas, No. 13-23-00068-CV (Tex. App.—Corpus Christi–Edinburg Aug. 29, 2024).published(A trial court has discretion to set child support within the parameters provided by the Texas Family Code.)
- Pamela Kinney v. Charles Patrick Batten, No. 01-21-00394-CV (Tex. App.—Houston [1st Dist.] Mar. 2, 2023).published Id. § 154.130(a)(3), (b); see, e.g., Iliff v. Iliff, 339 S.W.3d 74, 82 (Tex. 2011) (“[T]he trial court must make a finding of intentional unemployment or underemployment and its decision to base child support on earnings potential rather t…
- in the Matter of the Marriage of German Neftali Contreras & Vita Gisela Contreras & in the Interest of D.C, J.C., & D.C., Child., No. 13-21-00063-CV (Tex. App.—Corpus Christi–Edinburg Dec. 29, 2022).published CODE ANN. § 154.066; Iliff, 339 S.W.3d at 82 (“Trial courts should be cautious of setting child support based on earning potential in every case where an obligor makes less money than he or she has in the past.”)).
- in the Interest of R.R.K., a Child, No. 02-20-00302-CV, 2022 WL 1257136 (Tex. App.—Fort Worth Apr. 28, 2022).published See id. § 156.402; see also Iliff, 339 S.W.3d at 81 (“[I]n child support decisions, the ‘paramount guiding principle’ of the trial court should always be the best interest of the child.”); In re of S.C., No. 02-17-00377-CV, 2018 WL 5289370…
- Wilfred Warren Sheppard v. Tiffany Shellman & the Attorney Gen. of Texas, No. 03-21-00116-CV, 2021 WL 5814295 (Tex. App.—Austin Dec. 8, 2021).published(A trial court has discretion to set child support within the parameters provided by the Texas Family Code.)
- in the Interest of K.F., R.F., & T.F., Child., No. 02-21-00056-CV (Tex. App.—Fort Worth Dec. 2, 2021).published App. P. 38.9; Coburn v. Moreland, 433 S.W.3d 809, 827 (Tex. App.—Austin 2014, no pet.) (stating that the party seeking modification of a prior child-support order has the burden to establish all elements by a preponderance of the evidence)…
- in the Interest of R.D.E. & M.A.E., Child., 627 S.W.3d 798 (Tex. App.—Corpus Christi–Edinburg 2021).published(A trial court has discretion to set child support within the parameters provided by the Texas Family Code.)
- In re Timothy K. Wade Robert Stephen Hawk Gina Wade Celia Hawk 407 Real Prop. Mgmt., LLC & 407 Gun Club, LLC, 566 S.W.3d 375 (Tex. App.—Fort Worth 2018).published(A trial court . . . abuses its discretion by failing to analyze or apply the law correctly.)
Show 188 more citing cases
- in the Interest of S.C., R.C., & L.C., Child., No. 02-17-00377-CV (Tex. App.—Fort Worth Oct. 25, 2018).published Code Ann. §§ 156.001 , 156.402 (West 2014), § 156.401(a) (West Supp. 2018); Reagins v. Walker, 524 S.W.3d 757, 761 (Tex. App.—Houston [14th Dist.] 2017, no pet.); see also Iliff, 339 S.W.3d at 81 (“[I]n child support decisions, the ‘paramo…
- Herring Bancorp, Inc. C.C. Burgess & C. Campbell Burgess v. John Mikkelsen, No. 07-15-00327-CV (Tex. App.—Amarillo Nov. 20, 2015).published(A trial court abuses its discretion when it acts arbitrarily or unreasonably, without reference to guiding rules or principles.)
- in the Interest Of: R.R. & J v. Child., No. 05-14-00773-CV (Tex. App.—Dallas Oct. 6, 2015).published See Iliff, 339 S.W.3d at 81 (“The law has long recognized parents have a legal duty to support their children during their minority.”); Yarborough v. Yarborough, 290 U.S. 202, 221 (1933) (“[I]n order that children may not become public cha…
- In the Matter of the Marriage of William Christopher Cannon & Stacie Lynette Cannon & in the Interest of W.C.C., a Child v. the State of Texas, No. 06-25-00134-CV (Sept. 4, 2026).publishedA. Standard of Review and Applicable Law “A court’s order of child support will not be disturbed on appeal unless the complaining party can show a clear abuse of discretion.” Iliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011) (quoting 11 Worfor…
- In the Matter of Marriage of Sherry Ann Kreiling & Derrie James Kreiling & in the Interest of K.M.K.& Q.K.K., Child. v. the State of Texas, No. 07-26-00125-CV (Aug. 28, 2026).published“A trial court abuses its discretion when it acts arbitrarily or unreasonably, without reference to guiding rules or principles.” Iliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- Joyce DeAnda v. Abbey Moor of Trophy Club Homeowners' Ass'n, No. 02-25-00379-CV (Aug. 27, 2026).publishedA trial court also abuses its discretion if it fails to analyze the law correctly or misapplies the law to established facts, Mehta v. Mehta, 716 S.W.3d 126 , 131 (Tex. 2025); Iliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011), or if its decisi…
- Rida Asfahani & Root Architects, PC v. 180 Partners, LLC, No. 08-25-00221-CV (June 30, 2026).published“A trial court abuses its discretion when it acts arbitrarily or unreasonably, without reference to guiding rules or principles.” Dalmex, Ltd. v. Apparel Enters., Inc., 455 S.W.3d 241, 243 (Tex. App.—El Paso, 2015 no pet.) (quoting Iliff v…
- Interra Credit Union v. Enrique Figueroa Laboy, No. 15-25-00164-CV (June 30, 2026).published“A trial court abuses its discretion when it acts ‘arbitrarily or unreasonably, without reference to guiding rules or principles.’” Id. (quoting Iliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011)).
- In the Matter of the Marriage of Albert Ray Garcia & Patricia Murguia Garcia v. the State of Texas, No. 07-25-00335-CV (June 29, 2026).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- Nomeli Nunez v. Kathleen Diane Nichols, No. 03-24-00263-CV (Apr. 30, 2026).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011); Worford v. Stamper, 801 S.W.2d 108, 109 (Tex. 1990).
- George Michael Lorkovic v. Alexis Danielle Lorkovic, No. 04-24-00798-CV (Apr. 29, 2026).published Iliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011); In re R.H.B., 660 S.W.3d 136 , 151 (Tex. App.—San Antonio - 11 - 2022, no pet.).
- In the Matter of the Marriage of Chukwuemeka Carl Runyon & Bianca Bazile Runyon & in the Interest of C.R., a Child v. the State of Texas, No. 10-25-00066-CV (Apr. 16, 2026).published(held that a trial court has discretion to set child support within the parameters provided by the Texas Family Code)
- In the Interest of C.B., D.N.B., & J.B., Child. v. the State of Texas, No. 06-25-00081-CV (Mar. 30, 2026).published“A trial court abuses its discretion when it acts arbitrarily or unreasonably, without reference to guiding rules or principles.” Iliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- Willie Butler v. Janice Taylor, No. 01-24-00751-CV (Mar. 24, 2026).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- Tracey Lynn Walther v. David Michael Walther, No. 02-25-00048-CV (Mar. 12, 2026).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- In the Interest of I.N.A.M., a Child v. the State of Texas, No. 08-24-00342-CV (Jan. 28, 2026).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- Julio Cesar Galindo Mancha v. Lorena Campos Mancha, No. 11-25-00167-CV (Jan. 8, 2026).published“A [trial] court abuses its discretion if it acts arbitrarily or unreasonably or fails to analyze or apply the law correctly.” Id. (citing Iliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011)).
- Jose E. Perlera v. Patricia Hernandez Najera, No. 01-24-00055-CV (Tex. App.—Houston [1st Dist.] Dec. 16, 2025).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011); In re Roisman, 651 S.W.3d 419 , 440 (Tex. App.—Houston [1st Dist.] 2022, no pet.).
- In the Interest of K.W., a Child v. the State of Texas, No. 04-24-00831-CV (Tex. App.—San Antonio Nov. 12, 2025).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- In the Interest of H.M., a Child v. the State of Texas, No. 07-25-00135-CV (Tex. App.—Amarillo Oct. 20, 2025).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- In the Matter of the Marriage of Terry Brent Williams & Tracy Leann Williams & in the Interest of P.R.W., a Child v. the State of Texas, No. 15-25-00076-CV (Tex. App.—15th Dist. Sept. 11, 2025).publishedIliff v. Iliff, 339 S.W.2d 74, 78 (Tex. 2011).
- In the Interest of E.W., a Child v. the State of Texas, No. 02-25-00153-CV (Tex. App.—Fort Worth Aug. 21, 2025).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- In the Matter of the Marriage of Frances Gillian Thatcher & Nicolas Lee Thatcher v. the State of Texas, No. 07-25-00011-CV (Tex. App.—Amarillo Aug. 18, 2025).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- In the Matter of the Marriage of Julie D. Lane & Troy Lane & in the Interest of T.J.L., B.T.L., B.J.L., & C.K.L., Minor Child. v. the State of Texas, No. 07-24-00231-CV (Tex. App.—Amarillo Aug. 11, 2025).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- Andrew Jacob Brenner v. Tiffany Nicole Brenner, No. 03-23-00400-CV (Tex. App.—Austin July 25, 2025).publishedIliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- April Judith Urbina v. Mark Rangel, No. 03-23-00449-CV (Tex. App.—Austin July 25, 2025).published Iliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011).
- Dalmex, Ltd. v. Apparel Enter., Inc., 455 S.W.3d 241 (Tex. App.—El Paso 2015).published
- L. C. v. Texas Dep't of Fam. & Prot. Servs., No. 03-14-00793-CV (Tex. App.—Austin June 10, 2015).published
- Thurman H. West v. Gwendolyn Meshalle West, No. 01-14-00350-CV (Tex. App.—Houston [1st Dist.] July 16, 2015).published
- Sanjay Bhardwaj v. Anupama Pathak, No. 05-14-01030-CV (Tex. App.—Dallas Aug. 19, 2015).published
- Lorenzo Franks v. Honorable C. Bud Kirkendall, No. 03-13-00083-CV (Tex. App.—Austin Aug. 14, 2013).published
- Juan Enriquez v. Brad Livingston, No. 03-11-00791-CV (Tex. App.—Austin Mar. 20, 2013).published
- Lori L. Legere v. David Legere, No. 03-12-00046-CV (Tex. App.—Austin Feb. 22, 2013).published
- Ruth Wheeler v. John Collier Hinson, No. 03-11-00067-CV (Tex. App.—Austin Jan. 25, 2013).published
- Travis Cnty. Attorney v. L. C., No. 03-13-00702-CV (Tex. App.—Austin May 12, 2015).published
- in the Matter of the Marriage of Jamileh Merrikh & David Hossien Merrikh, No. 14-14-00024-CV, 2015 WL 2438770 (Tex. App.—Houston [14th Dist.] May 19, 2015).published
- in the Matter of the Marriage of Jamileh Merrikh & David Hossien Merrikh, No. 14-14-00024-CV (Tex. App.—Houston [14th Dist.] Mar. 17, 2015).published
- In re Jakesia Sade Celestine, No. 14-14-00133-CV (Tex. App.—Houston [14th Dist.] Apr. 8, 2014).published
- Hand & Wrist Ctr. of Houston, P.A. v. Repub. Servs., Inc., 401 S.W.3d 712 (Tex. App.—Houston [14th Dist.] 2013).published
- Katy Shuk Chi Lau Messier v. Luc J. Messier, 389 S.W.3d 904 (Tex. App.—Houston [14th Dist.] 2012).published
- Kori Lynn Plowman v. Philip Andrew Ugalde, No. 01-14-00851-CV, 2015 WL 6081666 (Tex. App.—Houston [1st Dist.] Oct. 15, 2015).published
- in the Interest of T.L.D. a Child, No. 05-12-01645-CV (Tex. App.—Dallas Aug. 21, 2014).published
- BP Am. Prod. Co. v. Red Deer Resources, LLC, 466 S.W.3d 335 (Tex. App.—Amarillo 2015).published
- Vickey Jordan-Nolan v. Jimmy Dale Nolan, No. 07-12-00431-CV, 2014 WL 3764509 (Tex. App.—Amarillo July 28, 2014).published
- Kenneth Dale Rodgers v. Mary Elaine Rodgers, No. 07-12-00282-CV (Tex. App.—Amarillo Apr. 17, 2014).published
- in the Interest of B.Q.S., III, a Child, No. 11-13-00043-CV (Tex. App.—Eastland June 26, 2014).published
- Rebecca Gallardo v. Ins. Co. of the State of Pennsylvania, No. 13-14-00132-CV (Tex. App.—Corpus Christi Feb. 19, 2015).published
- Nolana Open MRI Ctr., Inc. v. Guillermo R. Pechero M.D.Ruben D. Pechero M.D. Maplestar Orthopedics, P. A., No. 13-13-00552-CV (Tex. App.—Corpus Christi Feb. 12, 2015).published
- in the Interest of R.R., a Minor Child, No. 02-13-00464-CV, 2014 WL 3953930 (Tex. App.—Fort Worth Aug. 14, 2014).published
- Darnell Smith v. Robert H. Quada Jr., No. 11-11-00013-CV (Tex. App.—Eastland Jan. 25, 2013).published
- In re Old Am. Cnty. Mut. Fire Ins. Co., No. 13-13-00644-CV, 2014 WL 1633098 (Tex. App.—Corpus Christi Apr. 23, 2014).published
- in the Interest of C.M., a Child, No. 05-12-00380-CV (Tex. App.—Dallas Feb. 6, 2014).published
- in the Interest of E. M. Z., a Child, No. 13-12-00140-CV (Tex. App.—Corpus Christi June 27, 2013).published
- in the Interest of P.G.G., Minors, No. 05-12-01001-CV (Tex. App.—Dallas Oct. 31, 2013).published
- In re the Off. of the Attorney Gen. of Texas, No. 02-13-00455-CV (Tex. App.—Fort Worth Feb. 6, 2014).published
- in the Interest of A.G.C., a Child, No. 02-12-00340-CV (Tex. App.—Fort Worth Jan. 2, 2014).published
- in the Interest of B.E.V.& B.J.V, No. 05-11-01606-CV (Tex. App.—Dallas Aug. 23, 2013).published
- Burghardt Smith v. Cassandra Michelle Myers, No. 01-13-00722-CV, 2014 WL 3002086 (Tex. App.—Houston [1st Dist.] July 1, 2014).published
- In re Steven & Shyla Lipsky & Alisa Rich, 411 S.W.3d 530 (Tex. App.—Fort Worth 2013).published
- Julio M. Aguilera v. Delmis S. Aguilera, No. 04-13-00034-CV (Tex. App.—San Antonio Apr. 23, 2014).published
- Julio M. Aguilera v. Delmis S. Aguilera, No. 04-13-00034-CV (Tex. App.—San Antonio Feb. 26, 2014).published
- James Ray Harrison v. Melinda Faye Harrison, No. 01-11-00639-CV (Tex. App.—Houston [1st Dist.] Feb. 7, 2013).published
- in the Interest of M.C. & A.C., Minor Child., No. 02-15-00044-CV (Tex. App.—Fort Worth May 12, 2016).published
- in the Interest of K.R. & N.R., Child., No. 02-15-00276-CV (Tex. App.—Fort Worth June 9, 2016).published
- Patrick Cox v. Cara Cox, No. 01-15-00063-CV (Tex. App.—Houston [1st Dist.] July 28, 2016).published
- in the Interest of H.D v. Jr. & B v. Child., No. 05-15-00421-CV (Tex. App.—Dallas Aug. 26, 2016).published
- Brentley Wayne Hrncirik v. Bobbye Gail Hrncirik, No. 07-15-00001-CV (Tex. App.—Amarillo Aug. 30, 2016).published
- Randolph A. Lopez v. Cox Texas Newspapers, L.P., No. 03-14-00331-CV (Tex. App.—Austin Jan. 29, 2015).published
- in the Interest of R.E.S. & R.K.S., 482 S.W.3d 584 (Tex. App.—San Antonio 2015).published
- in the Interest of L.M.C & E.H.C., Child., No. 05-13-00872-CV (Tex. App.—Dallas Apr. 14, 2015).published
- David Penny v. El Patio, LLC, No. 03-11-00420-CV (Tex. App.—Austin Apr. 20, 2015).published
- Mehmet Turan Erkan v. Habibe Nalan Erkan, No. 03-14-00148-CV (Tex. App.—Austin Aug. 20, 2015).published
- Mark Thompson, Sr. v. Karen Smith, 483 S.W.3d 87 (Tex. App.—Houston [1st Dist.] 2015).published
- Garden Ridge, L.P. v. Clear Lake Ctr., L.P., No. 14-15-00695-CV (Tex. App.—Houston [14th Dist.] Dec. 17, 2015).published
- Harris Cnty. v. Gerald Gambichler, 479 S.W.3d 514 (Tex. App.—Houston [14th Dist.] 2015).published
- Tuan Anh Tran v. Sheryn D. Nguyen, 480 S.W.3d 119 (Tex. App.—Houston [14th Dist.] 2015).published
- Mark Trimble v. Fin. Freedom Senior Funding Corp., No. 01-15-00851-CV (Tex. App.—Houston [1st Dist.] Dec. 20, 2016).published
- in the Interest of L.T.M., a Child, No. 11-15-00312-CV (Tex. App.—Eastland Dec. 30, 2016).published
- Juan Manuel Albarado v. Amanda M. Jimenez, No. 11-16-00280-CV (Tex. App.—Eastland May 4, 2017).published
- Phillip Wade Hanna v. Lora Kay Hanna, No. 11-15-00178-CV (Tex. App.—Eastland July 27, 2017).published
- Ryan Chadwick Dodson v. Jalynda Leigh Smith, No. 11-16-00275-CV (Tex. App.—Eastland Sept. 15, 2017).published
- Julia Kathryn Welch v. Bob Don Welch Jr., No. 09-16-00249-CV (Tex. App.—Beaumont Apr. 12, 2018).published
- Victor Manuel Quijano v. Maria Eugenia Amaya, No. 13-16-00485-CV (Tex. App.—Corpus Christi Apr. 19, 2018).published
- Alpine Indus., Inc. v. Benjamin Whitlock, 554 S.W.3d 174 (Tex. App.—Fort Worth 2018).published
- in the Interest of J.R.G., a Child, No. 11-17-00205-CV (Tex. App.—Eastland July 12, 2018).published
- Ex Parte J.J., No. 02-17-00036-CV (Tex. App.—Fort Worth July 12, 2018).published
- Ex Parte B.B., No. 02-17-00084-CV (Tex. App.—Fort Worth July 12, 2018).published
- C.H. v. S.L., No. 02-16-00386-CV (Tex. App.—Fort Worth Oct. 11, 2018).published
- in the Interest of J.Z., a Child, No. 02-17-00127-CV (Tex. App.—Fort Worth Oct. 25, 2018).published
- Nathan Cogsdil v. Jimmy Fincher Body Shop, LLC, No. 07-17-00054-CV (Tex. App.—Amarillo Nov. 8, 2018).published
- in the Interest of H.S., a Child, No. 02-17-00379-CV (Tex. App.—Fort Worth Nov. 8, 2018).published
- in the Interest of K.F., R.F., & T.F., Child., No. 02-18-00187-CV (Tex. App.—Fort Worth Dec. 27, 2018).published
- in the Matter of the Marriage of Susan Kay Hardin & John B. Hardin III, 572 S.W.3d 310 (Tex. App.—Amarillo 2019).published
- in the Interest of R.J., a Child, No. 02-16-00445-CV (Tex. App.—Fort Worth Mar. 21, 2019).published
- Lawrence Allen v. Claire L. Allen, No. 03-18-00287-CV (Tex. App.—Austin Apr. 12, 2019).published
- in the Matter of the Marriage of Angie Douthit & Charley L. Douthit, 573 S.W.3d 927 (Tex. App.—Amarillo 2019).published
- in the Interest of T.A., a Child, No. 02-17-00435-CV (Tex. App.—Fort Worth May 16, 2019).published
- in the Interest of R.F. & S.F., Child., No. 02-18-00090-CV (Tex. App.—Fort Worth June 13, 2019).published
- in the Interest of R.M. & K.M., Child., No. 02-18-00367-CV (Tex. App.—Fort Worth June 27, 2019).published
- in the Interest of E.M., Minor Child, No. 02-18-00351-CV (Tex. App.—Fort Worth June 27, 2019).published
- Cynthia Martin v. Richard Wayne Sanders, No. 01-18-00726-CV (Tex. App.—Houston [1st Dist.] July 2, 2019).published
- Tomball Texas Hosp. Co. v. La Neta Bobinger, No. 01-18-00361-CV (Tex. App.—Houston [1st Dist.] Aug. 13, 2019).published
- in the Matter of the Marriage of Melissa Marie Cone & Joshua Joseph Cone & in the Interest of A.J.C., a Child, No. 10-17-00119-CV (Tex. App.—Waco Aug. 14, 2019).published
- in the Interest of A.R.W., a Child, No. 05-18-00201-CV (Tex. App.—Dallas Aug. 20, 2019).published
- Silvia Rubi Diaz Maldonado v. Gregorio Medrano, No. 13-18-00525-CV (Tex. App.—Corpus Christi Aug. 22, 2019).published
- in the Interest of A.C., A.C., A.C., & A.C., Child., No. 02-19-00237-CV (Tex. App.—Fort Worth Sept. 19, 2019).published
- in the Interest of A.R.W., a Child, No. 05-18-00201-CV, 2019 WL 6317870 (Tex. App.—Dallas Nov. 26, 2019).published
- Matthew Shane Wagner v. Loretta Gale Davis, No. 02-19-00249-CV, 2020 WL 241381 (Tex. App.—Fort Worth Jan. 16, 2020).published
- Jennifer Marie Treto v. Sandra Lilibeth Ortega Treto, 622 S.W.3d 397 (Tex. App.—Corpus Christi–Edinburg 2020).published
- Sabrina Ismail v. Mohammad Sayem Khan, No. 03-19-00039-CV (Tex. App.—Austin Jan. 24, 2020).published
- in the Interest of H.K.D. & J.R.D., Child., No. 05-18-00968-CV, 2020 WL 428152 (Tex. App.—Dallas Jan. 28, 2020).published
- Jeffrey A. Harberson v. Brianne Strickland, No. 01-18-00290-CV (Tex. App.—Houston [1st Dist.] Mar. 12, 2020).published
- in the Interest of Z.O.M. & K.R.M., Child., No. 04-18-00918-CV (Tex. App.—San Antonio Apr. 1, 2020).published
- S.L. v. S.L., No. 02-19-00017-CV, 2020 WL 4360448 (Tex. App.—Fort Worth July 30, 2020).published
- in the Interest of B.Y., No. 09-19-00255-CV (Tex. App.—Beaumont Sept. 3, 2020).published
- Yeoung Jin Kim (Yeon Jin Kim) v. Albert Kim, No. 02-19-00228-CV (Tex. App.—Fort Worth Sept. 1, 2020).published
- Oscar Rene Arevalo v. Gabrielle Fink, No. 01-19-00822-CV, 2020 WL 5778813 (Tex. App.—Houston [1st Dist.] Sept. 29, 2020).published
- in the Interest of Z.O.M. & K.R.M., Child., 613 S.W.3d 638 (Tex. App.—San Antonio 2020).published
- Elizabeth Magro v. Alejandro Magro Junior, No. 01-19-00701-CV (Tex. App.—Houston [1st Dist.] Dec. 10, 2020).published
- Marcos Montalvo v. Manuel Guerra, No. 13-18-00565-CV (Tex. App.—Corpus Christi–Edinburg Dec. 17, 2020).published
- Maged Gabra v. Viola Gabra, No. 01-20-00298-CV (Tex. App.—Houston [1st Dist.] Apr. 22, 2021).published
- B.K. v. T.K., No. 02-19-00472-CV (Tex. App.—Fort Worth May 27, 2021).published
- Simone Barron v. Issam Al Shmaisani, No. 02-19-00064-CV, 2021 WL 2253301 (Tex. App.—Fort Worth June 3, 2021).published
- Jane G. Garcia v. Daniel Muniz Garcia, No. 04-19-00796-CV (Tex. App.—San Antonio June 23, 2021).published
- in the Interest of J.E., a Child, No. 02-20-00105-CV (Tex. App.—Fort Worth July 1, 2021).published
- Dean Orson Clark, II v. Joanne Crompton Clark, No. 03-20-00411-CV (Tex. App.—Austin Aug. 26, 2021).published
- Samuel Riojas v. Dalia Riojas, No. 01-20-00753-CV (Tex. App.—Houston [1st Dist.] Sept. 16, 2021).published
- Enriquez v. Livingston, 400 S.W.3d 610 (Tex. App.—Austin 2013).published
- in the Matter of the Marriage of Allan Ray Comstock & Mindy Lee Comstock, 639 S.W.3d 118 (Tex. App.—Houston [1st Dist.] 2021).published
- In the Interest of A.L.H., 515 S.W.3d 60 (Tex. App.—Houston [14th Dist.] 2017).published
- In re Dani Roisman, 651 S.W.3d 419 (Tex. App.—Houston [1st Dist.] 2022).published
- in the Interest of S v. a Minor Child, No. 05-19-00548-CV (Tex. App.—Dallas Mar. 8, 2022).published
- Robyn Lynn Shalit 'Cross-Appellee' v. Michael Lawrence Shalit 'Cross-Appellant', No. 04-19-00736-CV, 2022 WL 789347 (Tex. App.—San Antonio Mar. 16, 2022).published
- in the Interest of A.Z.F., a Child, No. 04-20-00553-CV (Tex. App.—San Antonio Apr. 6, 2022).published
- in the Interest of A.C., a Minor Child, No. 02-21-00121-CV (Tex. App.—Fort Worth June 2, 2022).published
- in the Interest of W.C.S., a Child, No. 04-21-00269-CV (Tex. App.—San Antonio July 20, 2022).published
- State of Texas v. Jose Manuel Gonzalez, No. 02-21-00123-CV (Tex. App.—Fort Worth Aug. 25, 2022).published
- in the Matter of the Marriage of Erin Samantha Hunter & Jeremy Mark Hunter & in the Interest of M.S.H., E.P.H. & N.R.H., No. 10-21-00281-CV (Tex. App.—Waco Oct. 12, 2022).published
- Francis M. Harrison v. Mary E. Freehill, No. 03-21-00249-CV (Tex. App.—Austin Oct. 21, 2022).published
- William Vandergriff v. Jessica Taylor Kinsey, No. 09-20-00295-CV (Tex. App.—Beaumont Oct. 27, 2022).published
- Sandra Pruitt Higginbotham v. Hulon Ted Higginbotham, No. 03-21-00201-CV (Tex. App.—Austin Dec. 8, 2022).published
- Lindsey Humes v. John Zachariah Cobb, No. 01-21-00133-CV (Tex. App.—Houston [1st Dist.] Dec. 15, 2022).published
- Daniel Gregory MacLellan v. Marcia MacLellan, No. 02-21-00304-CV (Tex. App.—Fort Worth Dec. 22, 2022).published
- in the Interest of K.S.F. & K.D.F., Child., No. 05-21-01030-CV (Tex. App.—Dallas Feb. 3, 2023).published
- M.G. v. T.G., No. 02-21-00433-CV, 2023 WL 2178762 (Tex. App.—Fort Worth Feb. 23, 2023).published
- In the Interest of B.R.M., E.R.M., & S.A.M. v. the State of Texas, No. 09-21-00397-CV (Tex. App.—Beaumont Mar. 16, 2023).published
- In the Matter of the Marriage of Cassandra Joy Johnston & Walter Lynn Johnston & in the Interest of P.L.J. & B.O.J., Child. v. the State of Texas, No. 07-22-00069-CV (Tex. App.—Amarillo May 2, 2023).published
- Manish Mehta v. Hannah Mehta, 703 S.W.3d 100 (Tex. App.—Fort Worth 2023).published
- A. P. v. Texas Dep't of Fam. & Prot. Servs., No. 03-23-00089-CV (Tex. App.—Austin June 13, 2023).published
- Sidney Elaine Calvert Ryan v. Philip Ray Ryan Sr., No. 02-22-00471-CV, 2023 WL 4007393 (Tex. App.—Fort Worth June 15, 2023).published
- Barrett Firearms Mfg., Inc. v. Xavier Flores, 673 S.W.3d 353 (Tex. App.—San Antonio 2023).published
- In the Matter of the Marriage of Robert Featherston & Lindsey Featherston & in the Interest of H.L.F., a Child v. the State of Texas, 675 S.W.3d 330 (Tex. App.—Amarillo 2023).published
- Vincent P. Rascon v. Teresa Hansen, No. 11-22-00204-CV (Tex. App.—Eastland Oct. 19, 2023).published
- Christopher Rogers v. Amy Rogers, No. 03-22-00792-CV (Tex. App.—Austin Oct. 31, 2023).published
- In the Interest of A.I.M. & A.I.M. v. the State of Texas, No. 01-22-00409-CV (Tex. App.—Houston [1st Dist.] Nov. 28, 2023).published
- Esmeralda Dominguez & Miguel Dominguez A/N/F of Abraham Dominguez v. Socorro ISD, No. 08-23-00083-CV (Tex. App.—El Paso Dec. 21, 2023).published
- In the Interest of J.R., a Child v. the State of Texas, No. 02-23-00071-CV (Tex. App.—Fort Worth Jan. 18, 2024).published
- Atwell, LLC v. DCP Operating Co., LP, No. 08-23-00029-CV (Tex. App.—El Paso Jan. 26, 2024).published
- Tabitha Marie Anastasi v. Dwayne Allen McHorse, II, No. 03-23-00274-CV, 2024 WL 968887 (Tex. App.—Austin Mar. 7, 2024).published
- Cynthia Paola Bowles v. Hal Frank Bowles, No. 08-23-00311-CV (Tex. App.—El Paso Apr. 26, 2024).published
- In the Interest of L.E. & P.E., Child. v. the State of Texas, No. 02-24-00036-CV (Tex. App.—Fort Worth May 23, 2024).published
- Kirt McGhee v. Novoterra Chase, LLC, No. 09-22-00167-CV, 2024 WL 2758702 (Tex. App.—Beaumont May 30, 2024).published
- In re C.J.S., a Child v. the State of Texas, 702 S.W.3d 573 (Tex. App.—Houston [1st Dist.] 2024).published
- Elvis Morin v. Tammy Morin, No. 02-23-00349-CV, 2024 WL 2854875 (Tex. App.—Fort Worth June 6, 2024).published
- Accent Builders, Inc. v. R.A. Session II & Lily Teklu, No. 05-23-00675-CV, 2024 WL 3100696 (Tex. App.—Dallas June 24, 2024).published
- Cory M. Jones v. Leticia A. Uribe, 695 S.W.3d 1 (Tex. App.—Amarillo 2024).published
- In the Matter of the Marriage of Maria E. Renteria & Rodrigo L. Renteria & in the Interest of N. M. R. & P. S. R., Child. v. the State of Texas, No. 12-23-00171-CV (Tex. App.—Tyler July 24, 2024).published
- T.B. v. B.B., No. 02-23-00411-CV (Tex. App.—Fort Worth Aug. 22, 2024).published
- Joseph Samuel McCreary, III v. Laura McCreary, No. 02-23-00187-CV (Tex. App.—Fort Worth Aug. 22, 2024).published
- Natasha Sloan v. Jason Sloan, No. 02-23-00361-CV (Tex. App.—Fort Worth Oct. 17, 2024).published
- In the Matter of the Marriage of Edward Lawrence Cassel & Sharon Ann Cassel v. the State of Texas, No. 07-24-00052-CV (Tex. App.—Amarillo Oct. 22, 2024).published
- Robert Garcia v. Extreme Tactics & Training Solutions, LLC, 702 S.W.3d 828 (Tex. App.—Corpus Christi–Edinburg 2024).published
- In the Interest of E.I., a Child v. the State of Texas, No. 02-24-00015-CV (Tex. App.—Fort Worth Nov. 21, 2024).published
- Alicia Cluck v. Metrocare Servs. - Austin, LP, No. 03-22-00707-CV (Tex. App.—Austin Nov. 14, 2024).published
- In the Interest of B.M., a Child v. the State of Texas, No. 02-24-00035-CV (Tex. App.—Fort Worth Jan. 16, 2025).published
- In the Interest of S. A. L. & C. R. S. L. v. the State of Texas, No. 03-24-00609-CV (Tex. App.—Austin May 2, 2025).published
- In the Matter of the Guardianship of Kenneth Gregg, an Incapacitated Person v. the State of Texas, No. 07-24-00309-CV (Tex. App.—Amarillo May 29, 2025).published
- Hannah Mehta v. Manish Mehta, 716 S.W.3d 126 (Tex. 2025).published
- In the Matter of the Marriage of Kelly Hettinger & Andrew Hettinger & in the Interest of H.C.H., K.C.H., & M.G.H., Child. v. the State of Texas, No. 13-23-00403-CV (Tex. App.—Corpus Christi–Edinburg June 18, 2025).published
- In the Interest of K.D., P.D., V.D., & E.D., Child. v. the State of Texas, No. 13-24-00111-CV (Tex. App.—Corpus Christi–Edinburg June 23, 2025).published
- Thomas Luke Ponzio v. Alexis Ponzio, No. 03-23-00336-CV (Tex. App.—Austin June 27, 2025).published
- Rain Levy Minns Udall v. Michael Minns, No. 03-24-00064-CV (Jan. 30, 2026).published
- Luke Aaron Dillon v. Christina Sarah Bamford, No. 03-25-00457-CV (Apr. 30, 2026).published
- Olivier Bizimana v. Ayomide Adetutu Ogunsanya, No. 03-25-00865-CV (May 28, 2026).published
- Nicholas Field v. Brandi Pinsker, No. 03-24-00426-CV (June 26, 2026).published
- Scott Kenneth Higley v. Elesa Jo Jorgensen, No. 03-24-00568-CV (Aug. 27, 2026).published
- Brazos Elec. Power Coop., Inc. v. Texas Comm'n on Env't Quality & Richard A. Hyde, 576 S.W.3d 374 (Tex. 2019).published
- In the Interest of D.L.C., a Child v. the State of Texas, No. 01-22-00605-CV (Tex. App.—Houston [1st Dist.] Feb. 27, 2024).published
At page 81 Trial court discretion under section 154.066 regarding child support51 citing casesMoreover, in child support decisions, the ‘paramount guiding principle’ of the trial court should always be the best interest of the child.
- In the Interest of T.M.B. & I.B., Child. v. the State of Texas, No. 13-24-00070-CV (Tex. App.—Corpus Christi–Edinburg Apr. 10, 2025).published In re K.M.B., 606 S.W.3d 889 , 894 (Tex. App.—Dallas 2020, no pet.); see Iliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011) (“A trial court has discretion to set child support within the parameters provided by the Texas Family Code.”).
- in the Interest of R.R.K., a Child, No. 02-20-00302-CV, 2022 WL 1257136 (Tex. App.—Fort Worth Apr. 28, 2022).published ([I]n child support decisions, the ‘paramount guiding principle’ of the trial court should always be the best interest of the child.)
- in the Interest of K.F., R.F., & T.F., Child., No. 02-21-00056-CV (Tex. App.—Fort Worth Dec. 2, 2021).published (Moreover, in child support decisions, the ‘paramount guiding principle’ of the trial court should always be the best interest of the child.)
- in the Interest of S.C., R.C., & L.C., Child., No. 02-17-00377-CV (Tex. App.—Fort Worth Oct. 25, 2018).published ([I]n child support decisions, the ‘paramount guiding principle’ of the trial court should always be the best interest of the child.)
- in the Interest Of: R.R. & J v. Child., No. 05-14-00773-CV (Tex. App.—Dallas Oct. 6, 2015).published (The law has long recognized parents have a legal duty to support their children during their minority.)
- in the Interest of N.T.P. & L.C.P., Child., 402 S.W.3d 13 (Tex. App.—San Antonio 2012).published (The law has long recognized parents have a legal duty to support their children during their minority. A parent who is qualified to obtain gainful employment cannot evade his or her child support obli gation by volunta…)
- In the Interest of E.I., a Child v. the State of Texas, No. 02-24-00015-CV (Tex. App.—Fort Worth Nov. 21, 2024).published
- In the Interest of S. A. L. & C. R. S. L. v. the State of Texas, No. 03-24-00609-CV (Tex. App.—Austin May 2, 2025).published
- Rosscer Craig Tucker, II v. Lizabeth Thomas, 405 S.W.3d 694 (Tex. App.—Houston [14th Dist.] 2011).published
- in the Interest of A. A. T., a Minor Child, No. 08-17-00130-CV (Tex. App.—El Paso Aug. 28, 2019).published
Show 35 more citing cases
- Diamond Offshore (Bermuda), Ltd. v. Haaksman, 355 S.W.3d 842 (Tex. App.—Houston [14th Dist.] 2011).published
- G.T. Leach Builders, LLC v. Sapphire V.P., Lp, 458 S.W.3d 502 (Tex. 2015).published
- Jorge Monroy v. Perla X. Monroy, No. 03-10-00275-CV, 2011 WL 3890401 (Tex. App.—Austin Aug. 31, 2011).published
- Enriqueta Castillo v. Mizpah Residential Care, No. 13-12-00719-CV (Tex. App.—Corpus Christi May 22, 2014).published
- in the Interest of B.A.L., Child., No. 07-11-00109-CV (Tex. App.—Amarillo Feb. 27, 2012).published
- Fitch, Leanne R. v. Fitch, Carl W., No. 05-12-00266-CV (Tex. App.—Dallas June 7, 2013).published
- in the Interest of N.A.D., a Child, 397 S.W.3d 747 (Tex. App.—San Antonio 2013).published
- in the Interest of J.H. & D.H., Child., No. 02-16-00009-CV (Tex. App.—Fort Worth June 2, 2016).published
- Stephen M. Daniels v. Tony R. Bertolino, No. 03-14-00671-CV (Tex. App.—Austin Mar. 5, 2015).published
- Warren Whisenhunt v. Matthew Lippincott, No. 06-13-00051-CV (Tex. App.—Texarkana Aug. 3, 2015).published
- Cash Biz, LP v. Hiawatha Henry, No. 04-15-00469-CV (Tex. App.—San Antonio Sept. 3, 2015).published
- Bexar Cnty. Civil Serv. Comm'n v. Carmella Guerrero, No. 04-15-00341-CV (Tex. App.—San Antonio Oct. 5, 2015).published
- Untitled Texas Attorney Gen. Opinion, No. KP-0127 (Tex. Att'y Gen. July 2, 2017).published
- Pedernal Energy, LLC v. Bruington Eng'g, Ltd., No. 15-0123 (Tex. Apr. 28, 2017).published
- in the Interest of W.B.B., a Child, No. 05-17-00384-CV, 2018 WL 3434588 (Tex. App.—Dallas July 17, 2018).published
- Mbomette Asuquo Udobong v. Veronica Mbomette Odobong & the Off. of the Attorney Gen. of Texas, No. 14-16-00856-CV (Tex. App.—Houston [14th Dist.] Dec. 6, 2018).published
- in the Interest of L.L.L., a Child, No. 05-19-00040-CV (Tex. App.—Dallas Apr. 26, 2019).published
- Tomoko Warren v. Eric-Jason M. Warren, No. 04-18-00195-CV (Tex. App.—San Antonio May 1, 2019).published
- Ryan Goyal v. Henna Hora, No. 03-19-00868-CV, 2021 WL 2149628 (Tex. App.—Austin May 27, 2021).published
- William P. Klages v. Rita E. Klages, No. 03-20-00086-CV (Tex. App.—Austin June 25, 2021).published
- William Forssberg v. Lisa Howard, No. 01-19-00713-CV (Tex. App.—Houston [1st Dist.] Aug. 24, 2021).published
- In the Interest of C.R.-A.A., 521 S.W.3d 893 (Tex. App.—San Antonio 2017).published
- In re Highland Homes – Houston, LLC, No. 01-21-00585-CV (Tex. App.—Houston [1st Dist.] Feb. 10, 2022).published
- In re J. C., No. 13-21-00380-CV (Tex. App.—Corpus Christi–Edinburg Feb. 25, 2022).published
- Indus. Specialists, LLC v. Blanchard Refining Co., 652 S.W.3d 11 (Tex. 2022).published
- In re Auburn Creek Ltd. P'ship The Lynd Co. Lynd Fam. Ltd. P'ship & Forty Four Eleven, LLC, 655 S.W.3d 837 (Tex. 2022).published
- in the Interest of K.L.B., a Child, No. 12-22-00084-CV (Tex. App.—Tyler Dec. 14, 2022).published
- Eric John Ramirez v. Juanita Sanchez, No. 01-21-00417-CV, 2023 WL 2919545 (Tex. App.—Houston [1st Dist.] Apr. 13, 2023).published
- Brett Clark v. Heidi L. Binder, No. 03-22-00631-CV, 2024 WL 2868277 (Tex. App.—Austin June 7, 2024).published
- Famous Water Co., L.P. v. Aquio Solutions Intermediate Holdings, LLC, No. 02-23-00329-CV, 2024 WL 2971686 (Tex. App.—Fort Worth June 13, 2024).published
- Prabhakar Gopalan v. Andrea Marsh, 706 S.W.3d 650 (Tex. App.—Austin 2025).published
- Callon (Permian) LLC v. KWF Enter., LP, No. 08-24-00043-CV (Tex. App.—El Paso Jan. 28, 2025).published
- Texas Crude Energy, LLC v. Burlington Resources Oil & Gas Co., LP, No. 13-23-00072-CV (Tex. App.—Corpus Christi–Edinburg Jan. 30, 2025).published
- In the Interest of A.E.C. & A.A.C., Child. v. the State of Texas, No. 08-24-00333-CV (Tex. App.—El Paso May 29, 2025).published
- Monte Mark Mitchell v. Hannah Elizabeth Young, No. 02-24-00292-CV (Tex. App.—Fort Worth July 10, 2025).published
At page 83 Determining child support based on earning potential37 citing casesif an obligor is intentionally underemployed, a trial court may set child support based on the obligor’s earning potential
- In the Interest of N.A.W. & E.D.W. v. the State of Texas, No. 09-22-00354-CV (Tex. App.—Beaumont Dec. 19, 2024).published See Iliff, 339 S.W.3d at 82 (“the judge as fact finder has latitude to consider the testimony and evidence to make the necessary determinations”).
- Julia Ann Poff v. William Harvey Poff, No. 09-24-00365-CV (Aug. 27, 2026).publishedSee City of Keller v. Wilson, 168 S.W.3d 802, 819-21 (Tex. 2005); Daigle, 2015 Tex. App. LEXIS 9029 , at **9-10 (citing Iliff v. Iliff, 339 S.W.3d 74, 83 (Tex. 2011)).
- Jose Luis Martinez Lara v. San Juanita Medina, No. 09-25-00011-CV (July 23, 2026).publishedSee City of Keller, 168 S.W.3d at 819-21 ; Daigle, 2015 Tex. App. LEXIS 9029 , at **9-10 (citing Iliff v. Iliff, 339 S.W.3d 74, 83 (Tex. 2011)).
- Christopher M. Perricone v. Katie Beth Perricone, No. 11-25-00213-CV (June 4, 2026).published(if an obligor is intentionally underemployed, a trial court may set child support based on the obligor’s earning potential)
- Oscar Dominguez v. Aletha Marie Dominguez, No. 11-24-00191-CV (Apr. 9, 2026).publishedIlliff v. Illiff, 339 S.W.3d 74, 83 (Tex. 2011) (citing Montgomery Indep.
- in the Interest of E. M. Z., a Child, No. 13-12-00140-CV (Tex. App.—Corpus Christi June 27, 2013).published
- In the Interest of B.R.M., E.R.M., & S.A.M. v. the State of Texas, No. 09-21-00397-CV (Tex. App.—Beaumont Mar. 16, 2023).published
- in the Matter of the Marriage of Sarah Glynn & Tony Glynn & in the Interest of T.G., a Child, No. 07-13-00095-CV, 2014 WL 7448675 (Tex. App.—Amarillo Jan. 1, 2015).published
- Mohammad Ashraf v. Shahnaz Ashraf, No. 03-11-00467-CV, 2012 WL 1948347 (Tex. App.—Austin May 24, 2012).published
- Gloria Gurka v. Tracy Gurka, 402 S.W.3d 341 (Tex. App.—Houston [14th Dist.] 2013).published
Show 25 more citing cases
- Indus. Prod. Formulators of Am., Inc. v. Rockford Bus. Interiors, Inc., No. 03-14-00493-CV (Tex. App.—Austin Oct. 14, 2015).published
- Billy George Kemp v. Sharon Anne Kemp, No. 11-11-00292-CV, 2013 WL 5891583 (Tex. App.—Eastland Oct. 31, 2013).published
- in the Matter of the Marriage of E. Jonelle McLemore Chizum & David Gaylord Chizum, No. 10-11-00167-CV (Tex. App.—Waco Dec. 14, 2011).published
- Alfonso Garcia v. Carmen Garcia, No. 02-11-00276-CV, 2012 WL 3115763 (Tex. App.—Fort Worth Aug. 2, 2012).published
- Alfred E. West v. Elizabeth West, No. 01-11-00051-CV (Tex. App.—Houston [1st Dist.] Feb. 9, 2012).published
- Emile Jubert Daigle Jr. v. Bonnie Daigle, No. 09-14-00399-CV, 2015 Tex. App. LEXIS 9029 (Tex. App.—Beaumont Aug. 27, 2015).published
- Frederick Dawson Graham v. Dena Marie Turner, No. 12-14-00336-CV (Tex. App.—Tyler Oct. 30, 2015).published
- in the Matter of the Marriage of Thomas Eugene Vick & Diana Lynn Vick & in the Interest of M.A v. & L.L v. Child., No. 07-15-00019-CV (Tex. App.—Amarillo Nov. 3, 2016).published
- in the Matter of the Marriage of Jovita Alexandra Luna & Jose Pablo Vicente Luna & in the Interest of D.L., a Disabled Child, No. 07-16-00065-CV (Tex. App.—Amarillo Nov. 18, 2016).published
- Austin Capital Collision v. Barbara Pampalone// Austin Capital Collision, LLC, No. 03-15-00447-CV (Tex. App.—Austin Dec. 8, 2016).published
- Larry Neal Sullivan v. Yvonne Madeline Marie Lepage-Sullivan, No. 07-15-00081-CV (Tex. App.—Amarillo Jan. 25, 2017).published
- in the Interest of B.F. & P.F., Child., No. 07-16-00282-CV (Tex. App.—Amarillo Mar. 29, 2017).published
- Claudia S. Donaldson v. David Vaughn Donaldson, No. 11-16-00343-CV (Tex. App.—Eastland Dec. 13, 2018).published
- in the Matter of I.M.M., a Child, No. 07-18-00303-CV (Tex. App.—Amarillo Feb. 25, 2019).published
- Consol. Reinforcement, L.P. v. Ali Cheraif, No. 04-18-00443-CV (Tex. App.—San Antonio May 29, 2019).published
- in the Interest of F.R. AKA F.R. AKA F.R., A.L.R., I.R.L. AKA I.R.L., Child., No. 07-19-00215-CV (Tex. App.—Amarillo Nov. 4, 2019).published
- D. J. & A. S. v. Texas Dep't of Fam. & Prot. Servs., No. 03-20-00454-CV (Tex. App.—Austin Mar. 3, 2021).published
- Crystal Dolgener v. Steven Dolgener, 651 S.W.3d 242 (Tex. App.—Houston [14th Dist.] 2021).published
- A. A. v. Texas Dep't of Fam. & Prot. Servs., No. 03-21-00307-CV (Tex. App.—Austin Dec. 14, 2021).published
- in the Interest of O v. Jr., J v. J v. & A v., No. 09-21-00408-CV (Tex. App.—Beaumont Mar. 31, 2022).published
- in the Interest of B.A.B. & T.G.K., No. 09-22-00270-CV (Tex. App.—Beaumont Feb. 2, 2023).published
- in the Interest of A.P.R., No. 09-22-00284-CV (Tex. App.—Beaumont Feb. 9, 2023).published
- In the Interest of A.F., D.F., D.F., A.O., & D.O. v. the State of Texas, No. 09-23-00068-CV (Tex. App.—Beaumont Aug. 3, 2023).published
- David Rangel, Jr. v. Charlene Rangel, No. 04-23-00931-CV (Tex. App.—San Antonio May 15, 2024).published
- Rickye Henderson v. Ali Arabzadegan, No. 03-24-00313-CV (Tex. App.—Austin Aug. 16, 2024).published
At page 79 Interpreting statutes to effectuate legislative intent32 citing casesstating that role of courts "is not to second-guess the policy choices that inform our statutes or to weigh the effectiveness of their results” but to "interpret those statutes in a manner that effectuates the Legislature’s intent.
- City of Waco v. Texas Comm'n on Env't Quality, 346 S.W.3d 781 (Tex. App.—Austin 2011).published “in construing a statute, the court's purpose is to give effect to the legislature's expressed intent.”
- Atmos Energy Corp. v. Cities of Allen & R.R. Comm'n of Texas, No. 10-0375 (Tex. Nov. 18, 2011).published
- Rosscer Craig Tucker, Ii v. Lizabeth Thomas, 419 S.W.3d 292 (Tex. 2013).published
- Lee C. Ritchie v. Ann Caldwell Rupe, 443 S.W.3d 856 (Tex. 2014).published
- Sw. Royalties, Inc. v. Susan Combs, 501 S.W.3d 95 (Tex. App.—Austin 2014).published
- Bastrop Cnty. v. Rebekah Montie, No. 03-14-00424-CV (Tex. App.—Austin Apr. 9, 2015).published
- Hwy 3 MHP, LLC v. Elec. Reliability Council of Texas (ERCOT), 462 S.W.3d 204 (Tex. App.—Austin 2015).published
- in the Interest of K.D.H., a Child, 426 S.W.3d 879 (Tex. App.—Houston [14th Dist.] 2014).published
- Sam Kazman v. Frontier Oil Corp., No. 14-12-00320-CV (Tex. App.—Houston [14th Dist.] Mar. 28, 2013).published
- Rosscer Craig Tucker, II v. Lizabeth Thomas, 405 S.W.3d 694 (Tex. App.—Houston [14th Dist.] 2011).published
Show 19 more citing cases
- State v. Emeritus Corp., 466 S.W.3d 233 (Tex. App.—Corpus Christi 2015).published
- In re Patricia Arnold, Laura McLaughlin, William Friday & Kevin Robbins, 443 S.W.3d 269 (Tex. App.—Corpus Christi 2014).published
- Robert B. Allen v. Devon Energy Holdings, L.L.C., No. 01-09-00643-CV (Tex. App.—Houston [1st Dist.] Sept. 18, 2014).published
- Robert B. Allen v. Devon Energy Holdings, L.L.C., 367 S.W.3d 355 (Tex. App.—Houston [1st Dist.] 2012).published
- City of Cleveland v. Keep Cleveland Safe, 500 S.W.3d 438 (Tex. App.—Beaumont 2016).published
- Rebekha Montie v. Bastrop Cnty., No. 03-16-00123-CV (Tex. App.—Austin Oct. 19, 2016).published
- Untitled Texas Attorney Gen. Opinion, No. KP-0024 (Tex. Att'y Gen. July 2, 2015).published
- Untitled Texas Attorney Gen. Opinion, No. GA-0924 (Tex. Att'y Gen. July 2, 2012).published
- Untitled Texas Attorney Gen. Opinion, No. GA-0922 (Tex. Att'y Gen. July 2, 2012).published
- OGCI Training, Inc. v. Glenn Hegar, No. 03-16-00704-CV (Tex. App.—Austin Oct. 27, 2017).published
- Niranjan Gadekar v. Smita Zankar, No. 12-16-00209-CV, 2018 WL 2440393 (Tex. App.—Tyler May 31, 2018).published
- David E. Jones v. Jessica L. Jones, No. 03-18-00281-CV (Tex. App.—Austin June 6, 2019).published
- In re Est. of Michael Allen Hallmark, 629 S.W.3d 433 (Tex. App.—Eastland 2020).published
- in the Interest of C.J.C., a Child, No. 11-20-00260-CV (Tex. App.—Eastland May 13, 2021).published
- Atmos Energy Corp. v. Cities of Allen, 353 S.W.3d 156 (Tex. 2011).published
- Kazman v. Frontier Oil Corp., 398 S.W.3d 377 (Tex. App.—Houston [14th Dist.] 2013).published
- City of San Antonio ex rel. City Pub. Serv. Bd. v. Tommy Harral Constr., Inc., 502 S.W.3d 286 (Tex. App.—San Antonio 2016).published
- Chavez Yanez v. WWGAF, Inc., No. 5:19-cv-01065 (W.D. Tex. May 18, 2020).
- Great Am. Ins. Co. of New York v. Williamson Cnty., No. 03-24-00162-CV (Tex. App.—Austin July 24, 2025).published
At page 80 Interpreting statutory language regarding intentional unemployment or underemployment27 citing cases“we have no right to engraft upon the statute any conditions or provisions not placed there by the legislature.”
- Kirk Brand Coburn v. Janet Moreland, 433 S.W.3d 809 (Tex. App.—Austin 2014).published (Because section 154.066 is unambiguous, we decline to read into the statute an extra proof requirement that the Legislature did not express.)
- In re State, 556 S.W.3d 821 (Tex. 2018).published(We have no right to engraft upon the statute any conditions or provisions not placed there by the legislature.)
- Enrique Lopez v. Marina Edith Osuna, 453 S.W.3d 60 (Tex. App.—San Antonio 2014).published
- R.J. v. K.J., No. 02-14-00266-CV (Tex. App.—Fort Worth Oct. 1, 2015).published
- in the Interest of N.M.D, R.I.D., & G.T.D., No. 04-13-00849-CV (Tex. App.—San Antonio July 9, 2014).published
- Nancy Marie Peck v. Wayne Cody Peck, No. 03-14-00440-CV (Tex. App.—Austin Jan. 28, 2015).published
- Winnie Howard v. Stephen Howard, No. 01-14-00761-CV (Tex. App.—Houston [1st Dist.] Feb. 12, 2015).published
- Daniel E. Arnold v. Gerardo Gonzalez, No. 13-13-00440-CV (Tex. App. Nov. 10, 2015).published
- in the Interest of H.S., a Minor Child, 550 S.W.3d 151 (Tex. 2018).published
- Nicky E. Dyer Flora Harrell Edgar Hoagland Shirley Hoagland James Langston James A. Langston v. Texas Comm'n on Env't Quality Bryan W. Shaw, No. 03-17-00499-CV (Tex. App.—Austin May 22, 2019).published
Show 16 more citing cases
- in the Interest of K.A.M.S & K.A.S, Child., No. 14-18-00015-CV (Tex. App.—Houston [14th Dist.] Aug. 6, 2019).published
- in the Interest of A. A. T., a Minor Child, No. 08-17-00130-CV (Tex. App.—El Paso Aug. 28, 2019).published
- Nicky E. Dyer Flora Harrell Edgar Hoagland Shirley Hoagland James Langston James A. Langston v. Texas Comm'n on Env't Quality Bryan W. Shaw, No. 03-17-00499-CV (Tex. App.—Austin Oct. 11, 2019).published
- Robert Anding v. City of Austin, No. 03-18-00307-CV (Tex. App.—Austin Apr. 29, 2020).published
- Union Carbide Corp. v. Synatzske, 386 S.W.3d 278 (Tex. App.—Houston [1st Dist.] 2012).published
- Sean Carter McCain v. Elizabeth Mary McCain, 636 S.W.3d 679 (Tex. App.—Austin 2021).published
- Howard v. Howard, 490 S.W.3d 179 (Tex. App.—Houston [1st Dist.] 2016).published
- Nicky E. Dyer v. Texas Comm'n on Env't Quality & Texcom Gulf Disposal, LLC, 646 S.W.3d 498 (Tex. 2022).published
- McLane Champions, LLC v. Houston Baseball Partners LLC, 671 S.W.3d 907 (Tex. 2023).published
- In the Matter of the Marriage of Chad Schaefer & Amber Lynn Schaefer v. the State of Texas, No. 13-22-00463-CV (Tex. App.—Corpus Christi–Edinburg Nov. 16, 2023).published
- MVT Servs. LLC v. Erika Robles Individually, No. 08-23-00181-CV (Tex. App.—El Paso June 17, 2024).published
- Baylor Scott & White v. Factory Mut., 105 F.4th 816 (5th Cir. 2024).published
- Lamar Cnty. Elec. Coop. Ass'n v. McInnis Bros. Constr., No. 4:20-cv-00930 (E.D. Tex. Mar. 19, 2021).
- In the Interest of D.L.C., a Child v. the State of Texas, No. 01-22-00605-CV (Tex. App.—Houston [1st Dist.] Feb. 27, 2024).published
- JCB, Inc. v. Horsburgh & Scott Co., 597 S.W.3d 481 (Tex. 2019).published
- In re Geomet Recycling LLC, Richard Goldberg, Kenneth Goldberg, Josh Applebaum, Alicia McKinney, Eloisa Medina, Lee Wakser, Spencer Lieman, Mikel Shecht, Laura Myers, Henry Jackson, & Kelly Couch, 578 S.W.3d 82 (Tex. 2019).published
At page 82 Determining child support based on earning potential versus actual earnings23 citing casesTo facilitate appellate review and to encourage consistency in the exercise of this discretion across the state, the trial court must make a finding of intentional unemployment or underemployment and its decision to base child support on earnings potential rather than actual earnings must be suppo…
- Rene Omar Gutierrez, Jr. v. Priscilla Gutierrez, No. 04-25-00260-CV (June 24, 2026).published (To facilitate appellate review and to encourage consistency in the exercise of this discretion across the state, the trial court must make a finding of intentional unemployment or underemployment and its decision to ba…)
- In the Interest of T.M.B. & I.B., Child. v. the State of Texas, No. 13-24-00070-CV (Tex. App.—Corpus Christi–Edinburg Apr. 10, 2025).published In re K.M.B., 606 S.W.3d 889 , 894 (Tex. App.—Dallas 2020, no pet.); see Iliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011) (“A trial court has discretion to set child support within the parameters provided by the Texas Family Code.”).
- In the Interest of N.A.W. & E.D.W. v. the State of Texas, No. 09-22-00354-CV (Tex. App.—Beaumont Dec. 19, 2024).published (the judge as fact finder has latitude to consider the testimony and evidence to make the necessary determinations)
- Pamela Kinney v. Charles Patrick Batten, No. 01-21-00394-CV (Tex. App.—Houston [1st Dist.] Mar. 2, 2023).published ([T]he trial court must make a finding of intentional unemployment or underemployment and its decision to base child support on earnings potential rather than actual earnings must be supported by the record.)
- in the Matter of the Marriage of German Neftali Contreras & Vita Gisela Contreras & in the Interest of D.C, J.C., & D.C., Child., No. 13-21-00063-CV (Tex. App.—Corpus Christi–Edinburg Dec. 29, 2022).published (Trial courts should be cautious of setting child support based on earning potential in every case where an obligor makes less money than he or she has in the past.)
- in the Interest of Y.E. & L.E., Minor Child., No. 14-20-00608-CV, 2022 WL 364074 (Tex. App.—Houston [14th Dist.] Feb. 8, 2022).published (To facilitate appellate review and to encourage consistency in the exercise of this discretion across the state, the trial court must make a finding of intentional unemployment or underemployment and its decision to ba…)
- Reagins v. Walker, 524 S.W.3d 757 (Tex. App.—Houston [14th Dist.] 2017).published([T]he trial court must make a finding of intentional unemployment or underemployment and its decision to base child support on earnings potential rather than actual earnings must be supported by the record.)
- Allen Christopher Trumbull v. Shelby Henley Trumbull, 397 S.W.3d 317 (Tex. App.—Houston [14th Dist.] 2013).published (Trial courts should be cautious of setting child support based on earning potential in every case where an obligor makes less money than he or she has in the past.)
- in the Interest of N.T.P. & L.C.P., Child., 402 S.W.3d 13 (Tex. App.—San Antonio 2012).published Iliff, 339 S.W.3d at 81 (“The law has long recognized parents have a legal duty to support their children during their minority.
- George Michael Lorkovic v. Alexis Danielle Lorkovic, No. 04-24-00798-CV (Apr. 29, 2026).published Iliff v. Iliff, 339 S.W.3d 74, 78 (Tex. 2011); In re R.H.B., 660 S.W.3d 136 , 151 (Tex. App.—San Antonio - 11 - 2022, no pet.).
Show 12 more citing cases
- in the Interest of A.R.W., a Child, No. 05-18-00201-CV (Tex. App.—Dallas Aug. 20, 2019).published
- in the Interest of A.R.W., a Child, No. 05-18-00201-CV, 2019 WL 6317870 (Tex. App.—Dallas Nov. 26, 2019).published
- Mbomette Asuquo Udobong v. Veronica Mbomette Odobong & the Off. of the Attorney Gen. of Texas, No. 14-16-00856-CV (Tex. App.—Houston [14th Dist.] Dec. 6, 2018).published
- Troy Reddick v. Jennifer E. Reddick, 450 S.W.3d 182 (Tex. App.—Houston [1st Dist.] 2014).published
- in the Interest of A.B.P., a Minor Child, No. 05-11-00066-CV (Tex. App.—Dallas Aug. 26, 2013).published
- in the Interest of A.B.P., a Minor Child, No. 05-11-00066-CV (Tex. App.—Dallas Apr. 15, 2013).published
- Troy Reddick v. Jennifer E. Reddick, No. 01-12-00576-CV (Tex. App.—Houston [1st Dist.] Oct. 1, 2013).published
- Troy Reddick v. Jennifer E. Reddick, No. 01-12-00576-CV (Tex. App.—Houston [1st Dist.] Mar. 22, 2013).published
- Corey L. Roberts v. Celia Clanton Roberts, No. 01-15-00024-CV (Tex. App.—Houston [1st Dist.] Feb. 23, 2015).published
- Guillermo Orestes Puente v. Alicia Marie Puente, No. 01-19-00952-CV (Tex. App.—Houston [1st Dist.] Apr. 15, 2021).published
- Stephen Orsinger v. Ann Kathryn Orsinger, No. 03-23-00664-CV (Tex. App.—Austin Oct. 31, 2025).published
- In the Interest of D.L.C., a Child v. the State of Texas, No. 01-22-00605-CV (Tex. App.—Houston [1st Dist.] Feb. 27, 2024).published
At page 76 noting that such evidence may be particularly relevant or dispositive of the matter2 citing cases
- in the Interest of N.T.P. & L.C.P., Child., 402 S.W.3d 13 (Tex. App.—San Antonio 2012).published Iliff, 339 S.W.3d at 81 (“The law has long recognized parents have a legal duty to support their children during their minority.
- In re J. J. F., a Child, No. 13-12-00369-CV (Tex. App.—Corpus Christi Feb. 6, 2014).published
Other citing cases
- Cynthia Lee Tucker v. Troy William Tucker, No. 13-11-00056-CV (Tex. App.—Corpus Christi Jan. 24, 2013).published
v.
Jerilyn Trije ILIFF, Respondent
delivered the opinion of the Court.
Under the Texas Family Code, may a trial court calculate child support based on earning potential, rather than actual earnings, when the obligor is intentionally unemployed or underemployed, but there is no proof that the obligor’s unemployment or underemployment is for the purpose of avoiding child support? Because the language of Texas Family Code section 154.066 does not require such proof, we hold that intent to avoid child support need not be proven for the trial court to apply the child support guidelines to earning potential instead of actual earnings. However, a trial court may properly consider an obligor’s intent to avoid child support as a factor, along with other relevant facts, in an intentional unemployment or underemployment analysis. We affirm the judgment of the trial court and the court of appeals. [1]
[*77] I. Factual and Procedural Background
Jerilyn Trije Iliff and James Derwood Iliff married April 7, 1990 and had three children. During their marriage James was the primary earner, working in the chemical industry as a chemical specialist and account manager. Although there was some dispute during the divorce proceedings over the amount of his salary, Jerilyn testified James usually made $90,000 to $100,000 a year, and James’s W-2 for the year prior to the divorce showed earnings of $102,000. James quit his job in January 2006. After leaving his employment in the chemical industry, James had no steady gainful employment during the divorce proceedings. Despite the fact that James has Bachelor of Science and Master of Business Administration degrees and admits that he is not disabled and is fit to work, James’s only work since quitting his job consisted of operating a tractor and sporadic business management consulting for an estimated total earnings of $3,600 to $4,800 over a two-year period.
Jerilyn filed for divorce on June 28, 2006 in Hays County, six months after James resigned. The trial court entered the final divorce decree on May 5, 2008. The trial court appointed Jerilyn sole managing conservator of the children. James was appointed possessory conservator and was ordered to pay child support. Because the trial court determined that James was intentionally unemployed or underemployed, the trial court exercised its discretion and applied the child support guidelines to James’s earning potential, as opposed to his actual earnings. See Tex. Fam.Code § 154.066 (allowing the trial court to set child support based on earning potential where an obligor is intentionally underemployed). The trial court’s findings of fact and conclusions of law state:
James Derwood Iliffs own testimony at trial showed that he made in excess of $100,000 in earnings in 2005, the year immediately prior to the filing of divorce. James Derwood Iliff testified at trial that he had left his employment voluntarily in December of 2005. He further testified that he was not disabled or unable to work and had plans to start his own business.
Determining that James’s monthly gross earning potential was no less than $5,000, the trial court calculated James’s net resources to be $3,662.09 a month and ordered James to pay $1,295.19 per month in child support for his three minor children.
At the court of appeals, James argued that the trial court abused its discretion by awarding child support in excess of the statutory guidelines because there was no evidence that James was intentionally unemployed or underemployed for the purpose of avoiding child support. Iliff v. Iliff, 339 S.W.3d 126 (Tex.App.-Austin 2009, pet. granted). The court held that the trial court did not abuse its discretion, rejecting James’s argument that the trial court was required to find that his unemployment or underemployment was for “the primary purpose of avoiding child support.” Id. While acknowledging that other Texas courts of appeals impose a requirement that intentional unemployment or underemployment be for the primary purpose of avoiding child support, the court reasoned that the language of section 154.066 does not require a court to consider avoidance of child support. Id. (citing Hollifield v. Hollifield, 925 S.W.2d 153, 156 (Tex.App.-Austin 1996, no writ)). We granted Jerilyn’s petition to resolve the split among the courts of appeals. Compare Hollifield, 925 S.W.2d at 156 (“Section 154.066 does not require the court to consider whether the obligor’s ‘voluntary unemployment’ was for the pri[*78] mary purpose of avoiding child support.”), with DuBois v. DuBois, 956 S.W.2d 607, 610 (Tex.App.-Tyler 1997, no pet.) (“[T]here must be evidence that the parent reduced his income for the purpose of decreasing his child support payments.”).
II. Standard of Review
A trial court has discretion to set child support within the parameters provided by the Texas Family Code. Rodriguez v. Rodriguez, 860 S.W.2d 414, 415 (Tex.1993); see also Tex. Fam.Code §§ 154.121-.128. “A court’s order of child support will not be disturbed on appeal unless the complaining party can show a clear abuse of discretion.” Worford v. Stamper, 801 S.W.2d 108, 109 (Tex.1990) (per curiam) (citation omitted); see also Rodriguez, 860 S.W.2d at 415. A trial court abuses its discretion when it acts arbitrarily or unreasonably, without reference to guiding rules or principles. Wor-ford, 801 S.W.2d at 109; Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985). A trial court also abuses its discretion by failing to analyze or apply the law correctly. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992).
III. Law and Analysis
Texas Family Code section 154.066 provides that “[i]f 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.” Tex. Fam. Code § 154.066. The question this case presents is: In order to set child support based upon earning potential of the obligor under section 154.066, must the trial court determine that the obligor’s unemployment or underemployment is for the purpose of reducing child support?
A. Disagreement Among the Courts of Appeals
Twelve of the fourteen Texas courts of appeals have answered this question in the affirmative, interpreting Texas Family Code section 154.066 to require proof that the obligor is intentionally unemployed or underemployed for the purpose of avoiding child support. See, e.g., DuBois, 956 S.W.2d at 610. Prior to the Tyler Court of Appeals holding in DuBois, there was no uniform interpretation of “intentional unemployment or underemployment.” Compare Baucom v. Crews, 819 S.W.2d 628, 633 (Tex.App.-Waco 1991, no writ) (setting child support based on earning potential simply because the obligor “voluntarily became underemployed by choosing to resign from the employment he had”), with Woodall v. Woodall, 837 S.W.2d 856, 858 (Tex.App.-Houston [14th Dist.] 1992, no writ) (requiring evidence that the obligor’s “income reduction was designed to obtain a decrease in his child support obligation”). After 1997, the vast majority of the Texas courts of appeals adopted the DuBois rule and began to consistently recite its “intent to avoid child support” standard. [2]
[*79] Although many of the courts of appeals cases recite the DuBois standard, they loósely apply it, providing little or no analysis of how the particular facts of the case indicate a parent’s intent to avoid child support. For example, in Schaban-Maurer v. Maurer-Schaban, a husband was unemployed for six years before his wife filed for divorce, because, as the wife testified, “[the husband] simply liked sleeping late into the day, watching television, playing on the computer all night, and not having to go to a job.” 238 S.W.3d 815, 827 (Tex.App.-Fort Worth 2007, no pet.). The court of appeals did not examine any evidence that the husband was unemployed for the purpose of avoiding child support, but relied on evidence that the husband did not want to hold down a job. Id. After citing the DuBois standard, the court of appeals held that the husband was intentionally underemployed. Id. at 827-28. But the deficiency in this conclusion is the failure to actually apply DuBois — a parent cannot be unemployed for the purposes of avoiding child support when the parent became voluntarily unemployed six years before the divorce. Straying from strict adherence to a purpose requirement, many courts of appeals infer intent to avoid child support from “such circumstances as the parent’s education, economic adversities, business reversals, business background, and earning potential.” See, e.g., Gamer v. Gamer, 200 S.W.3d 303, 307 (Tex.App.-Dallas 2006, no pet.) (citing In re P.J.H., 25 S.W.3d at 406). Innocuous facts such as a graduate degree or past jobs are not particularly indicative of a parent’s motive or intent to avoid child support obligations.
To interpret “intentional unemployment or underemployment,” we first turn to the text of the statute.
B. Statutory Construction
In construing a statute, the court’s purpose is to give effect to the Legislature’s expressed intent. “Our role ... is not to second-guess the policy choices that inform our statutes or to weigh the effectiveness of their results; rather, our task is to interpret those statutes in a manner that effectuates the Legislature’s intent.” McIntyre v. Ramirez, 109 S.W.3d 741, 748 (Tex.2003). Where statutory language is unambiguous and only yields one reasonable interpretation, “we will interpret the statute according to its plain meaning.” Id.; see also City of Rockwall v. Hughes, 246 S.W.3d 621, 625-26 (Tex.2008) (“[W]e construe the statute’s words according to their plain and common meaning unless a contrary intention is apparent from the context or unless such a construction leads to absurd results.” (internal citations omitted)).
Section 154.066 gives a trial court discretion to set child support based on the obligor’s earning capacity where[*80] “the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment.” • Tex. FamCode § 154.066. [3] Looking to the grammatical structure of the statute, the adjective “intentional” proceeds the phrase “unemployment or underemployment” and thus modifies that phrase. See McIntyre, 109 S.W.3d at 746 (quoting, among others, Long v. United States, 199 F.2d 717, 719 (4th Cir.1952)) (reasoning that an adverb preceding two verbs connected with the disjunctive conjunction “or” applies to both verbs); Lewis v. Jackson Energy Coop. Corp., 189 S.W.3d 87, 92 (Ky.2005) (“[T]he first adjective in a series of nouns or phrases modifies each noun or phrase in the following series unless another adjective appears.”). “Intentional” cannot be said to modify “reduction of child support obligations,” a phrase not contained in the section. The Legislature did not include in the statute any mention of “purpose,” “design,” or even “intent” to avoid or reduce child support.
There must be a finding that the obligor is intentionally unemployed or underemployed, meaning an obligor consciously chooses to remain unemployed or underemployed. But there is nothing in the statute requiring further proof of the motive or purpose behind the unemployment or underemployment. [4] “We have no right to engraft upon the statute any con[*81] ditions or provisions not placed there by the legislature.” Duncan, Wyatt & Co. v. Taylor, 68 Tex. 645, 649 (1885). Because section 154.066 is unambiguous, we decline to read into the statute an extra proof requirement that the Legislature did not express. See Lee v. City of Houston, 807 S.W.2d 290, 294-95 (Tex.1991) (“A court may not judicially amend a statute and add words that are not implicitly contained in the language of the statute.” (citation omitted)).
C. Application of Texas Family Code Section 154.066
The trial court has the discretion to apply the support guidelines to the earning potential of an obligor if it determines an obligor is intentionally unemployed or underemployed. [5] Section 154.066 simply states that a trial court may apply the child support guidelines to the earning potential of the obligor in an intentional unemployment or underemployment situation. See Tex. Gov’t Code § 311.016(1) (“ ‘May1 creates discretionary authority or grants permission or power.”); Dallas Cnty. Cmty. Coll. Dist. v. Bolton, 185 S.W.3d 868, 874 (Tex.2005) (noting that the word “may” should be given its permissive meaning). While the permissive word “may” imports the exercise of discretion, “the court is not vested with unlimited discretion, and is required to exercise a sound and legal discretion within the limits created by the circumstances of a particular case.” Womack v. Berry, 156 Tex. 44, 291 S.W.2d 677, 683 (1956). Moreover, in child support decisions, the “paramount guiding principle” of the trial court should always be the best interest of the child. See Rodriguez, 860 S.W.2d at 417 n. 3.
Although a trial court properly considers whether an obligor parent is unemployed or underemployed for the purpose of avoiding child support, the inquiry under section 154.066 should not be so narrowly circumscribed. While the trial court may consider whether the obligor is attempting to avoid child support by becoming or remaining unemployed or underemployed as a factor in its child support determination, such proof is not required for a court to be able to set child support based on earning potential. However, in certain cases, such evidence may be especially relevant or even dispos-itive of the matter.
The law has long recognized parents have a legal duty to support their children during their minority. In re Henry, 154 S.W.3d 594, 596 (Tex.2005) (per curiam); Ex Parte Hall, 854 S.W.2d 656, 658 (Tex.1993); Eggemeyer v. Eggemeyer, 554 S.W.2d 137, 138 (Tex.1977); see also Yarborough v. Yarborough, 290 U.S. 202, 221, 54 S.Ct. 181, 78 L.Ed. 269 (1933) (“[I]n order that children may not become public charges the duty of maintenance is one imposed primarily upon the parents, according to the needs of the child and their ability to meet those needs.”). A parent who is qualified to obtain gainful employment cannot evade his or her child support obligation by voluntarily remaining unemployed or underemployed. See Eggemeyer v. Eggemeyer, 535 S.W.2d 425, 427-28 (Tex.Civ.App.-Austin 1976), aff'd, 554 S.W.2d 137 (Tex.1977). Concurrently,[*82] the court must consider “a parent’s right to pursue his or her own happiness,” In re E.AS., 128 S.W.3d 565, 570 (Tex.App.-El Paso 2008, pet. denied), with a parent’s duty to support and provide for his or her child. The court must engage in a case-by-case determination to decide whether child support should be set based on earning potential as opposed to actual earnings. Once the obligor has offered proof of his or her current wages, the obligee bears the burden of demonstrating that the obligor is intentionally unemployed or underemployed. [6] The burden then shifts to the obligor, if necessary, to offer evidence in rebuttal.
Trial courts should be cautious of setting child support based on earning potential in every case where an obligor makes less money than he or she has in the past. James argues that application of section 154.066 will lead to absurd consequences by preventing parents from ever selecting a job which provides a lower income. However, the Legislature addressed this concern, in part, by limiting the application of the statute only to situations where the obligor makes “significantly less” money because of intentional unemployment or underemployment. Tex. Fam.Code § 154.066. We are wary of the proposition presented by the Attorney General that, other things being equal, receiving more child support will always be in the best interest of the child. Although some financial resources are indispensable to raising and providing for a child, the financial analysis will often not be the end of the court’s consideration. [7] A court properly considers the obligor’s proffered rebuttal evidence of the reasons for an obligor’s intentional unemployment or underemployment. This includes such laudable intentions by obligors who alter their employment situations to spend more time with their children, to live closer to their children in order to attend their events and be more involved in their lives, or to provide their children with better health benefits. Other objectives are also factors, such as whether an obligor alters his or her employment situation to start a new business, to gain further education, to become a public servant, or to address health needs. An active but unfruitful pursuit of employment may also be relevant to the court’s child support determination, as well as economic conditions that legitimately preclude full employment. But, we are mindful that such explanations are not always sincere, and the judge as fact finder has latitude to consider the testimony and evidence to make the necessary determinations. See Murff v. Murff, 615 S.W.2d 696, 700 (Tex.1981). Such discretion must be exercised within the limits set by the Texas Family Code, particularly Chapter 154 including the child support guidelines, and should always focus on the best interest of the child. To facilitate appellate review and to encourage consistency in the exercise of this discretion across the state, the trial court must make a finding of intentional unemployment or underemployment and its decision to base child support on earnings potential rather than actual earnings must be supported by the record.
[*83] D. Application of Section 154.066 to the Trial Court’s Child Support Determination
During the Iliffs’ divorce trial, the court heard testimony that James voluntarily quit a job making $102,000 a year. After leaving his job, James moved in with his mother who testified that James did not help out with any household expenses or the upkeep of the house but instead spent most of his time reading and watching television. James’s sister testified that James was not incapacitated or incompetent, he had no gainful employment since 2006, and he was usually watching television when she visited him. Despite having a B.S., an M.B.A., and almost twenty years’ experience in the chemical industry, the only employment James had over the two-year period during his divorce included operation of a tractor and some consulting work for an estimated $200 a month. Although Jerilyn testified to possible alcohol abuse and psychological issues, James refused to comply with the recommended treatment after a court ordered neurological evaluation and further refused to undergo a court ordered psychological evaluation. James admitted to being able to work, however there was little evidence that James had actively sought other comparable employment after his tractor business foundered. On this record, the trial court issued a finding that James was intentionally underemployed and set James’s child support payments based on an earning potential of $5,000 a month, or $60,000 a year, $42,000 less than James’s salary from the job he voluntarily left. See Montgomery Indep. Sch. Dist. v. Davis, 34 S.W.3d 559, 567 (Tex.2000) (noting that the trial court, as fact finder, “is the sole judge of the witnesses’ credibility and the weight to be given their testimony, and is free to resolve any inconsistencies” (citation omitted)). Applying the standard elucidated above, we hold the trial court did not abuse its discretion in its child support determination.
IV. Conclusion
Texas Family Code section 154.066 contains no requirement of proof that an obli-gor be intentionally unemployed or underemployed for the purposes of avoiding child support. Where a trial court determines that an obligor is intentionally unemployed or underemployed, it is in the court’s discretion to set child support based on earning potential. The trial court did not abuse its discretion in setting James’s child support based on his earning potential. We affirm the judgment of the court of appeals and disapprove of courts of appeals opinions to the extent they require proof of intent to avoid child support. [8]
. The Attorney General of Texas submitted an amicus curiae brief in support of Jerilyn Iliff.
. See, e.g., In re B.R., 327 S.W.3d 208, 213 (Tex.App.-San Antonio 2010, no pet.); Romero v. Zapien, No. 13-07-0075 8-CV, 2010 WL 2543897, at *6 (Tex.App.-Corpus Christi-Edinburg June 24, 2010, pet. denied); Fondren v. Fondren, No. 09-08-00187-CV, 2009 WL 2045252, at *5 (Tex.App.-Beaumont July 16, 2009, no pet.); In re A.B.A.T.W., 266 S.W.3d 580, 585 (Tex.App.-Dallas 2008, no pet.); McLane v. McLane, 263 S.W.3d 358, 362 (Tex. App.-Houston [1st Dist.] 2008, pet. denied); Schaban-Maurer v. Maurer-Schaban, 238 S.W.3d 815, 826 (Tex.App.-Fort Worth 2007, no pet.); Beach v. Beach, No. 05-05-01316-CV, 2007 WL 1765250, at *4 (Tex.App.-Dallas June 20, 2007, no pet.); In re Marriage of Anderson, No. 10-06-00361-CV, 2007 WL 3409294, at *3 (Tex.App.-Waco Nov. 14, 2007, no pet.); In re S.C.S., 201 S.W.3d 882, 889 (Tex.App.-Eastland 2006, no pet.); Garner v. [*79] Garner, 200 S.W.3d 303, 306-07 (Tex.App.Dallas 2006, no pet.); Logan v. Logan, No. 2-05-068-CV, 2006 WL 2167164, at *6 (Tex.App.-Fort Worth Aug. 3, 2006, pet. denied); Colvin v. Colvin, No. 13-03-00034-CV, 2006 WL 1431218, at *5 (Tex.App.-Corpus Christi-Edinburg May 25, 2006, pet. denied); Gaxiola v. Garcia, 169 S.W.3d 426, 432 (Tex.App.-El Paso 2005, no pet.); In re A.J.J., No. 2-04-265-CV, 2005 WL 914493, at *3 (Tex.App.Fort Worth April 21, 2005, no pet.); In re J.C.S., No. 06-04-00085-CV, 2005 WL 927173, at *5 (Tex.App.-Texarkana April 18, 2005, no pet.); In re E.A.S., 123 S.W.3d 565, 570 (Tex.App.-El Paso 2003, pet. denied); In re Z.B.P., 109 S.W.3d 772, 783 (Tex.App.-Fort Worth 2003, no pet.); Zorilla v. Wahid, 83 S.W.3d 247, 253 (Tex.App.-Corpus Christi-Edinburg 2002, no pet.); Galarza v. Galarza, No. 13-99-797-CV, 2000 WL 35729667, at *2 (Tex.App.-Corpus Christi-Edinburg Nov. 30, 2000, no pet.); In re P.J.H., 25 S.W.3d 402, 405-06 (Tex.App.-Fort Worth 2000, no pet.); Snell v. Snell, No. 11-98-00126-CV, 1999 WL 33747973, at *2 (Tex.App.-Eastland Nov. 4, 1999, no pet.).
. The Legislature originally enacted this statute in 1989 and amended it as currently worded in 1995. The prior version, section 14.053(f), had slightly different language but is substantively indistinguishable: "If the actual income of the obligor is significantly less than what the obligor could earn because the obligor is intentionally unemployed or underemployed, the court may apply these guidelines to the earning potential of the obligor.” Act of May 12, 1989, 71st Leg., R.S., ch. 617, § 6, 1989 Tex. Gen. Laws 2030, 2037, amended by Act of April 6, 1995, 74th Leg., R.S., ch. 20, § 1, 1995 Tex. Gen. Laws 113, 160 (current version at Tex. Fam.Code § 154.066) (emphasis added). James argues that because several cases before the statute's recodification required proof of an intent to avoid child support, the Legislature impliedly approved this interpretation when it re-enacted the statute without substantive change. This argument fails because there was no consistent application of the purpose requirement among the courts of appeals. Just as many, if not more, cases during that time period did not require additional proof of intent to avoid child support. See, e.g., Roosth v. Roosth, 889 S.W.2d 445, 454 (Tex.App.-Houston [14th Dist.] 1994, writ denied): Kish v. Kole, 874 S.W.2d 835, 838 (Tex.App.-Beaumont 1994, no writ); Baucom v. Crews, 819 S.W.2d 628, 633-34 (Tex.App.-Waco 1991, no writ). Moreover, the doctrine of legislative acceptance is inapplicable when courts are, presented with an unambiguous statute. See Fleming Foods of Tex., Inc. v. Rylander, 6 S.W.3d 278, 282 (Tex.1999).
. At oral argument, James for the first time asked this Court to adopt a new standard, not found within the text of the statute or any case law: "intent to make less money.” Because a person who is "intentionally unemployed or underemployed” can always be said to be acting with an "intent to make less money,” the two are virtually synonymous. James also raised for the first time at oral argument his position that the Legislature’s substitution of the term "intentional” for "voluntary” when enacting the 1989 version of section 154.066 requires courts to consider the motive behind the unemployment or underemployment. See Tex. Sup.Ct. Child Support Guidelines, R. 3(e), superceded by Act of May 12, 1989 71st Leg., R.S., ch. 617, § 6, 1989 Tex. Gen. Laws 2030, 2037. However, regardless of the use of "intentional” or "voluntary” as an adjective, there is no extra proof requirement in the statute that the unemployment or underemployment be for the purpose of avoiding child support. James’s analogies to the definition of intentional murder in criminal law are inapposite. We also note that Black’s Law Dictionary defines "voluntary" in terms of "intent.” Black’s Law Dictionary 1569 (9th ed.2009) (defining "voluntary” as "[djone by design or intention”). We reject James's proposed interpretations to the extent there is any meaningful distinction.
. According to the statutory scheme of the Texas Family Code, the same intentional unemployment/underemployment analysis under section 154.066 may be applied in both original child support orders and modifications of existing child support orders. See Tex. Fam. Code § 156.402 (allowing the court to consider "the child support guidelines ... under Chapter 154 to determine whether there has been a material or substantial change of circumstances under this chapter that warrants a modification of an existing child support order if the modification is in the best interest of the child”).
. Some of the courts of appeals have applied a similar burden analysis under section 154.066. See, e.g., McLane v. McLane, 263 S.W.3d 358, 363 (Tex.App.-Houston [1st Dist.] 2008, pet. denied); In re E.A.S., 123 S.W.3d 565, 570 (Tex.App.-El Paso 2003, pet. denied); Zorilla v. Wahid, 83 S.W.3d 247, 253 (Tex.App.-Corpus Christi-Edinburg 2002, no pet.); DuBois v. DuBois, 956 S.W.2d 607, 610 (Tex.App.-Tyler 1997, no pet.).
. Moreover, monthly child support awards are not without limits — the child support guidelines only apply to the first $7,500 of an obligor's net monthly resources. Tex. Fam. Code § 154.125.
. See, e.g., In re B.R., 327 S.W.3d 208, 213 (Tex.App.-San Antonio 2010, no pet.); Romero v. Zapien, No. 13-07-00758-CV, 2010 WL 2543897, at *6 (Tex.App.-Corpus Christi-Edinburg June 24, 2010, pet. denied); Fondren v. Fondren, No. 09-08-00187-CV, 2009 WL 2045252, at *5 (Tex.App.-Beaumont July 16, 2009, no pet.); In re A.B.A.T.W., 266 S.W.3d 580, 585 (Tex.App.-Dallas 2008, no pet.); McLane v. McLane, 263 S.W.3d 358, 362 (Tex.App.-Houston [1st Dist.] 2008, pet. denied); Schaban-Maurer v. Maurer-Schaban, 238 S.W.3d 815, 826 (Tex.App.-Fort Worth 2007, no pet.); Beach v. Beach, No. 05-05-01316-CV, 2007 WL 1765250, at *4 (Tex.App.-Dallas June 20, 2007, no pet.); In re Marriage of Anderson, No. 10-06-00361-CV, 2007 WL 3409294, at *3 (Tex.App.-Waco Nov. 14, 2007, no pet.); In re S.C.S., 201 S.W.3d 882, 889 (Tex.App.-Eastland 2006, no pet.); Garner v. Garner, 200 S.W.3d 303, 306-07 (Tex.App.Dallas 2006, no pet.); Logan v. Logan, No. 2-[*84] 05-068-CV, 2006 WL 2167164, at *6 (Tex.App.-Fort Worth Aug. 3, 2006, pet. denied); Colvin v. Colvin, No.13-03-00034-CV, 2006 WL 1431218, at *5 (Tex.App.-Corpus Christi-Edinburg May 25, 2006, pet. denied); Gaxiola v. Garcia, 169 S.W.3d 426, 432 (Tex.App.-El Paso 2005, no pet.); In re A.J.J., No. 2-04-265-CV, 2005 WL 914493, at *3 (Tex.App.Fort Worth April 21, 2005, no pet.); In re J.C.S., No. 06-04-00085-CV, 2005 WL 927173, at *5 (Tex.App.-Texarkana April 18, 2005, no pet.); In re E.A.S., 123 S.W.3d 565, 570 (Tex.App.-El Paso 2003, pet. denied); In re Z.B.P., 109 S.W.3d 772, 783 (Tex.App.-Fort Worth 2003, no pet.); Zorilla v. Wahid, 83 S.W.3d 247, 253 (Tex.App.-Corpus Christi-Edinburg 2002, no pet.); Galarza v. Galarza, No. 13-99-797-CV, 2000 WL 35729667, at *2 (Tex.App.-Corpus Christi-Edinburg Nov. 30, 2000, no pet.); In re 25 S.W.3d 402, 405-06 (Tex.App.-Fort Worth 2000, no pet.); Snell v. Snell, No. 11-98-00126-CV, 1999 WL 33747973, at *2 (Tex.App.-Eastland Nov. 4, 1999, no pet.); DuBois v. DuBois, 956 S.W.2d 607, 610 (Tex.App.-Tyler 1997, no pet.); Woodall v. Woodall, 837 S.W.2d 856, 858 (Tex.App.-Houston [14th Dist.] 1992, no writ); Casterline v. Burden, 560 S.W.2d 499, 501 (Tex.Civ.App.-Dallas 1977, no writ); Anderson v. Anderson, 503 S.W.2d 124, 126 (Tex.Civ.App.-Corpus Christi 1973, no writ); McSween v. McSween, 472 S.W.2d 307, 310 (Tex.Civ.App.-San Antonio 1971, no writ).