Texas Family Code 154.066 – Intentional Unemployment or Underemployment
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(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. § 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. § 101(16); or
(2) non-service-connected disability pension benefits, as defined by 38 U.S.C. § 101(17).
Terms Used In Texas Family Code 154.066
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) The court may not consider incarceration as intentional unemployment or underemployment when establishing or modifying a support order.