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Guide

Child Support When You're Unemployed

Why losing a job doesn't make the obligation disappear.

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.

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. So guideline support for one child would be about $232/month — small, but not zero.

This presumption does not apply if the parent is incarcerated under a confinement order exceeding 90 days at the time the court determines income.

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.

What to do if your income genuinely dropped

If your job loss or pay cut is real and involuntary, the right move is to file to modify your order — promptly. Until a court signs a new order, the old amount keeps accruing, plus interest. Don't just stop paying; document the change and file.

Recalculate at your new income
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⚠️ General information, not legal advice. Based on Texas Family Code §§154.066, 154.068 and Iliff v. Iliff. Imputation is fact-specific; consult a licensed Texas family-law attorney.