Sec. 154.0655. IMPUTATION OF INCOME. (a) In this section, "resources" has the meaning assigned by Section 154.062(b).
(b) To the extent possible, the court shall rely on evidence of a party's resources when applying the support guidelines.
(c) In the absence of evidence of a party's resources, the court, when applying Section 154.066 or 154.068, shall consider relevant background circumstances regarding the obligor, including:
(1) the obligor's:
(A) assets;
(B) residence;
(C) employment;
(D) earnings history;
(E) job skills;
(F) educational attainment;
(G) literacy;
(H) age;
(I) health;
(J) criminal history;
(K) barriers to employment; and
(L) record of seeking work;
(2) job opportunities in the obligor's community;
(3) the prevailing wage in the obligor's community; and
(4) whether there are employers willing to hire the obligor.
Added by Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 2, eff. September 1, 2021.
Notes of Decisions
Cited in
7
cases (
7 in the last 5 years), 2023–2026 · leading case:
Brett Clark v. Heidi L. Binder, No. 03-22-00631-CV, 2024 WL 2868277 (Tex. App.—Austin June 7, 2024).
Brett Clark v. Heidi L. Binder, No. 03-22-00631-CV, 2024 WL 2868277 (Tex. App.—Austin June 7, 2024).
· cites it 2× “See Tex. Fam. Code § 154.0655. The trial court found that Binder was providing insurance (through her husband’s job) and that Clark must pay medical support of $67.”
M.G. v. T.G., No. 02-21-00433-CV, 2023 WL 2178762 (Tex. App.—Fort Worth Feb. 23, 2023).
“” Tex. Fam. Code Ann. § 154.0655 (c). But this section applies only to a child-support proceeding pending on or filed after September 1, 2021.”
Monte Mark Mitchell v. Hannah Elizabeth Young, No. 02-24-00292-CV (Tex. App.—Fort Worth July 10, 2025).
“See Tex. Fam. Code Ann. § 154.0655 (listing relevant background circumstances, including an obligor’s age, that the trial court may consider).”
Rene Omar Gutierrez, Jr. v. Priscilla Gutierrez, No. 04-25-00260-CV (Tex. App.—San Antonio June 24, 2026).
“” TEX. FAM. CODE ANN. § 154.0655(c)(1)(B). Additionally, the trial court may order child support in an amount other than the guideline amount if the evidence rebuts the presumption that the guideline amount is in the child’s best interest and if the trial court justifies a…”
Tex. Fam. Code § 154.0655(c): 1 case
Tex. Fam. Code § 154.0655(c)(1)(B): 1 case
Rene Omar Gutierrez, Jr. v. Priscilla Gutierrez, No. 04-25-00260-CV (Tex. App.—San Antonio June 24, 2026).
“” TEX. FAM. CODE ANN. § 154.0655(c)(1)(B). Additionally, the trial court may order child support in an amount other than the guideline amount if the evidence rebuts the presumption that the guideline amount is in the child’s best interest and if the trial court justifies a…”
Tex. Fam. Code § 154.0655(c)(1)(D): 1 case
Brett Clark v. Heidi L. Binder, No. 03-22-00631-CV, 2024 WL 2868277 (Tex. App.—Austin June 7, 2024).
“See Tex. Fam. Code § 154.0655. The trial court found that Binder was providing insurance (through her husband’s job) and that Clark must pay medical support of $67.”
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