Legal Question in Family Law in Texas
My wife was previously married. Per her divorce decree, she has custody of her 14 year old son, and the father is to pay child support.
The 14 year old wants to live with his father, who in turn wants us to pay him child support.
My wife works from home while staying home with our two children, ages 2 and 4. She earns approx $6,000/yr. Her ex is threatening to take us to court and have her classified as "under employed" in order to obtain child support from us.
Can he do this? Does a "nurturing parent" exception apply in this case of voluntary reduction in income? We are in Texas. Thanks
1 Answer from Attorneys
It's easy for people to make that threat where the prospective obligor (here, your wife) has a history of higher earnings, say over the past 2 years. But where the prospective obligor does not have a strong earnings history, then the argument that she is "underemployed" is weak.
There is no "nurturing parent" exception. If he can prove that she is deliberately underemployed so as to avoid paying child support, he wins. But if her income as a child support recipient is the same as her income as a child support obligor, again, I think his argument is weak.
If he files suit, I would strongly recommend that you hire a good family law attorney. These cases can go sideways quickly, particularly when you are dealing with a guy like that. If you don't think you can afford an attorney, try calling the Texas Legal Services Center (www.tlsc.org) and see if they can refer you to someone who will take your case at a significant discount.
Good luck!!
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