Sec. 154.066. INTENTIONAL UNEMPLOYMENT OR UNDEREMPLOYMENT. (a) If 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.
(b) In determining whether an obligor is intentionally unemployed or underemployed, the court may consider evidence that the obligor is a veteran, as defined by 38 U.S.C. Section 101(2), who is seeking or has been awarded:
(1) United States Department of Veterans Affairs disability benefits, as defined by 38 U.S.C. Section 101(16); or
(2) non-service-connected disability pension benefits, as defined by 38 U.S.C. Section 101(17).
(c) The court may not consider incarceration as intentional unemployment or underemployment when establishing or modifying a support order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1046 (H.B. 3017), Sec. 2, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 3, eff. September 1, 2021.
Notes of Decisions
Cited in
101
cases (
24 in the last 5 years), 1996–2026 · leading case:
Iliff v. Iliff, 339 S.W.3d 74 (Tex. 2011).
Iliff v. Iliff, 339 S.W.3d 74 (Tex. 2011).
· cites it 10× “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…”
Iliff v. Iliff, 339 S.W.3d 126 (Tex. App. 2009).
· cites it 2× “See Tex. Fam.Code Ann. § 154.066; see also McLane, 263 S.”
McLane v. McLane, 263 S.W.3d 358 (Tex. App. 2008).
· cites it 2× “See Tex. Fam.Code Ann. § 154.066 (Vernon 2002) (intentional underemployment or unemployment).”
Kirk Brand Coburn v. Janet Moreland, 433 S.W.3d 809 (Tex. App. 2014).
“lliff, the supreme court held that Texas Family Code section 154.066 contains no requirement of proof that an obligor be intentionally unemployed or underemployed for the purposes of avoiding child support.”
DuBois v. DuBois, 956 S.W.2d 607 (Tex. App. 1997).
· cites it 2× “Tex. Fam.Code Ann. § 154.066 (Vernon 1996).”
Zorilla v. Wahid, 83 S.W.3d 247 (Tex. App. 2002).
“TexFam.Code Ann. § 154.066 (Vernon 1996); Davis, 30 S.”
In the Interest of M.M., 980 S.W.2d 699 (Tex. App. 1998).
· cites it 2× “See TEX. FAM. CODE ANN. § 154.066 (Vernon 1996) (trial court may order individual to pay more that actual income would indicate where that individual could earn more money but has intentionally chosen not to).”
Garner v. Garner, 200 S.W.3d 303 (Tex. App. 2006).
“See Tex Fam.Code Ann. § 154.066 (Vernon 2002) (intentional unemployment or underemployment).”
Reagins v. Walker, 524 S.W.3d 757 (Tex. App. 2017).
“See Tex. Fam. Code § 154.066(a) (“If 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.”
McGuire v. McGuire, 4 S.W.3d 382 (Tex. App. 1999).
“Tex. Fam.Code Ann. § 154.066 (Vernon 1996).”
— Tex. Fam. Code § 154.066(a) — 19 cases
Reagins v. Walker, 524 S.W.3d 757 (Tex. App. 2017).
“See Tex. Fam. Code § 154.066(a) (“If 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(a)(4) — 1 case
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