A common and costly misunderstanding: that being unemployed pauses child support. In Texas it doesn't. Instead, courts use a tool called imputed income — they assign you an income for the calculation even when your actual income is low or zero. There are two versions of it, a floor and a ceiling: a minimum-wage presumption for parents with no provable income, and a full earning-potential finding for parents the court believes could earn more. Which one applies to you determines whether the number is small or painful — and what you do in the first weeks after a job loss determines how much of the old amount you'll still owe.
If you have no provable income: the minimum-wage presumption
Under Family Code §154.068, when there's no evidence of a parent's income, the court presumes income equal to federal minimum wage for a 40-hour week. At $7.25/hour, that's about $1,257/month in gross wages, or roughly $1,161/month in net resources. Because that net figure is at least $1,000, the standard guideline percentages apply, so the presumed-minimum support works out to:
| Children before the court | Percentage | Support on $1,161 net |
|---|---|---|
| 1 | 20% | ≈ $232/mo |
| 2 | 25% | ≈ $290/mo |
| 3 | 30% | ≈ $348/mo |
Small, but not zero — and it keeps the order alive so enforcement and interest rules still apply. The full guideline chart shows how these percentages scale at every income level.
Unemployment benefits count as income
If you're drawing unemployment, you don't get to the minimum-wage floor at all — §154.062(b) expressly includes unemployment benefits in net resources, alongside severance pay and disability benefits. The guideline percentage is applied to what the benefits (plus any other income) actually come to. The net-resources guide lists everything that counts and the handful of items that don't.
If you're intentionally underemployed: full earning potential
Quitting a good job, taking a deliberate pay cut, or working below your ability to dodge support won't work. Under §154.066, if your actual income is significantly less than what you could earn due to intentional unemployment or underemployment, the court can apply the guidelines to your earning potential — what you're capable of earning — rather than your current paycheck.
The Texas Supreme Court (in Iliff v. Iliff) made this easier for the other side: a court does not have to prove you intended to avoid support. It's enough to show you're earning significantly less than you reasonably could. Judges look at your work history, education, skills, and the local job market. A software engineer who takes a part-time retail job mid-case should expect the guideline to be run on engineer wages, not the register. Self-employed parents face a version of the same scrutiny when reported income looks thin — the self-employment guide covers that angle.
The most expensive mistake: just stopping payments
Whatever your order says, it keeps saying it until a court signs a new one. Every month you pay less than the ordered amount, the shortfall becomes arrears — and Texas arrears are unusually durable:
- They accrue interest at 6% simple per year once reduced to judgment;
- They cannot be retroactively reduced (§157.008) — no judge can forgive months that already accrued;
- They cannot be discharged in bankruptcy;
- They trigger the enforcement toolkit: income withholding, tax-refund interception, license suspension, and even contempt. The unpaid-support guide walks through the full list.
Here's the arithmetic that catches people. Say your order was set when you earned $5,000/month gross — about $4,199 net, so $840/month for one child (20% of $4,199). You lose the job and quietly stop paying while you look for work. Four months later you've accrued $840 × 4 = $3,360 in arrears that no future order can erase — even if a court would have set your unemployed-rate support at $232/month had you filed on day one.
The right move: file to modify, quickly
If your job loss or pay cut is real and involuntary, the remedy is a modification of the order under §156.401 — either because there's been a material and substantial change in circumstances (an involuntary job loss usually qualifies), or because three years have passed and the guideline amount would differ by at least 20% or $100.
Timing is the whole game: a modification generally reaches back only to the date the modification petition is served, not the date you lost the job. File in week one and the new number can apply from week one; wait six months and those six months stay owed at the old rate. Two routes exist:
- Free OAG review — the Texas Attorney General's Child Support Division will review your order at no cost, and eligible cases can be adjusted through its Child Support Review Process (CSRP) without a court hearing;
- A court petition — faster to start on your own timeline and necessary when the case is contested.
Either way: keep paying what you can through the registry, document the job loss and your search, and don't rely on a handshake deal with the other parent — informal agreements don't change the order.
What not to do after a job loss
- Don't stop paying and wait. Arrears accrue month by month and can't be forgiven later.
- Don't settle for a verbal agreement. Only a signed court order changes the amount.
- Don't pay informally (cash or apps) — payments outside the state registry risk earning no credit.
- Don't take a much lower-paying job without a plan — a big voluntary step down invites an earning-potential finding.
- Don't skip the paperwork. Termination letters, unemployment filings, and job applications are the evidence a judge needs to believe the change is real.
Frequently asked questions
Do I still owe child support if I'm unemployed?
Yes. The order continues at its full amount until modified. With no provable income, a court sets new support using the minimum-wage presumption; with evidence of intentional underemployment, it can use your full earning potential instead.
How much is child support if I have no income at all?
Under §154.068 the court presumes minimum-wage earnings — roughly $1,161 in monthly net resources — which produces about $232/month for one child, $290 for two, and $348 for three. Run other scenarios in the calculator.
Do unemployment benefits count toward the calculation?
Yes. Unemployment benefits are part of net resources under §154.062(b), so support is figured on what you actually receive rather than presumed at zero or at minimum wage.
Can my payments be lowered retroactively once I find a lawyer?
No. Section 157.008 bars retroactive reduction — a new order reaches back only to the date the modification petition was served. That's the single best reason to file immediately rather than "once things settle down."
Is there a free way to get my order reviewed?
Yes — the OAG Child Support Division reviews orders at no charge, and its Child Support Review Process can adjust eligible cases without a courtroom. The modification guide compares the CSRP and court routes.
What if the other parent quit work to dodge support?
Ask the court for an earning-potential finding under §154.066. After Iliff v. Iliff, you don't have to prove they meant to avoid support — showing they earn significantly less than they reasonably could, based on their history and the job market, is enough.