Evidence showing the loss of employment, the resulting change in income, and the parent’s current earning circumstances can support a request to modify child support. Texas courts require financial information sufficient to identify a party’s net resources and ability to pay, including tax returns and current pay stubs.
Useful evidence can also include a layoff or termination notice, recent pay records, tax returns, severance information, unemployment benefits, and records showing income from replacement employment. Job-search records may also matter when the court is evaluating whether unemployment or underemployment is intentional.
Texas Family Code § 154.066 provides that if an obligor’s actual income is significantly lower than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines based on the amount the obligor could potentially earn. In evaluating that issue, the statute permits consideration of matters such as the parent’s work history, education, job-search efforts, employment opportunities, and prevailing wages.
