When a child support obligor is intentionally unemployed or underemployed, the intent to avoid child support need not be proven under Texas Family Code for the trial court to apply the child support guidelines to obligor’s earning potential instead of to actual earnings, disapproving DuBois v. DuBois, 956 S.W.2d 607; Woodall v. Woodall, 837 S.W.2d 856.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com