law-voluntary-underemployment


Iliff v. Iliff, No. 09-0753 (Tex. Apr. 15, 2011)(Wainwright)(child support based on earning potential rather than
actual income;
voluntary unemployment or underemployment, intent element)
Under the Texas Family Code, may a trial court calculate child support based on earning potential, rather than actual earnings,
when the obligor is intentionally unemployed or underemployed, but there is no proof that the obligor’s unemployment or
underemployment is for the purpose of avoiding child support? Because the language of Texas Family Code section 154.066
does not require such proof, we hold that intent to avoid child support need not be proven for the trial court to apply the child
support guidelines to earning potential instead of actual earnings. However, a trial court may properly consider an obligor’s
intent to avoid child support as a factor, along with other relevant facts, in an intentional unemployment or underemployment
analysis. We affirm the judgment of the trial court and the court of appeals.
JAMES DERWOOD ILIFF v. JERILYN TRIJE ILIFF; from Hays County;
3rd district (03-08-00382-CV, ___ SW3d ___, 07-21-09)  
The Court affirms the court of appeals' judgment.
Justice Wainwright delivered the opinion of the Court. [pdf]
View Electronic Briefs 09-0753 ILIFF v. ILIFF


McLane v. McLane (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(SAPCR, MTM motion to modify child support, voluntary
underemployment)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00634-CV Michael McLane v. Sandra Helene McLane
Appeal from 309th District Court of Harris County (
Judge Frank Rynd)