Legal Question in Family Law in Texas
Intentional Underemployment or nonemployment
I am the custodial parent. I live in Texas. My ex retired from the military and gets military retirement. After he retired, he became a contractor working all across the USA doing the same job he did in the military.
He quit working his contractor job last mid-November 2005 and hasn't worked since. He can potentially make $60K in his contractor job. I filed for an increase in child support payments in January because he would not provide me with his paystubs as we had agreed. He has nevere paid through the Child Support Agency.
He tells me he hurt his back and that is why he is not working. The only income he has now is about $26,000 a year in military retirement.
He hurt his back a long time ago in the military. He applied for disability when he retired from the military, but the hurt back was denied.
If his back is so hurt, then why don't he go get a desk job somewhere and support our daughter?
How hard is intentional employment or underemployment to prove?
1 Answer from Attorneys
Re: Intentional Underemployment or nonemployment
You are right, it is hard to prove.
On the other hand, the court will always require child support, even if it is the minimum.
The questions you pose are valid ones, and ones he should be asked at the hearing.