Legal Question in Family Law in Texas

underemployment to reduce child support

I was divorced in 1993. My child support was $300 per month until I had it increased to $525.00 in 1997. My ex was laid off from his job in Oct. 1998, and filed for a reduction in support. In mediation his tax return reflected an income of 60,000.00 for'97, but his new salary was supposedly 31,000.00, so, support was decreased to 455.00 per month in Sept.'99. The decrease was never put into effect, so, since he overpaid me, I have not received any child support since July 21, 2000. My ex voluntarily quit his job in July 2000, to go to work for his future father-in-law. He now claims he is "in training" and making $24,000.00 per year. Can I try to get child support based on his salary of $60,000.00?


Asked on 9/13/00, 11:39 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: underemployment to reduce child support

Since your ex has the"ability" to earn $60k per year, you could show the judge by testimony and evidence that he is voluntarily reducing his income to avoid child support. The outcome will depend upon how egregious the circumstances are and how well the judge received the evidence.

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Answered on 10/17/00, 10:38 am


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