Child Support Questions... Answered!
Question 1: My ex-husband lost his job. Is he entitled to decrease the amount of child support he pays?
Answer: Your ex-husband cannot stop paying or decrease the amount of child support he pays without modifying the court order. If he files a Petition to Modify, the court could decide to lower his child support amount, but almost all payors are expected to pay child support based on at least minimum wage, 40 hours per week.
Question 2: My ex-husband quit his job and took another job making less money. He wants to decrease the amount of child support he pays by modifying the court order that is currently in place. What will the court do?
Answer: A change in income does not guarantee a change in child support. Under Texas law, if his actual income is significantly less than what he could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to his earning potential (link to Tex. Family Code Sec. 154.066).
If the court finds that he is not intentionally underemployed then the court is more likely to base the child support amount on the income from his new (lower-paying) job.
In either case, a judge will review all the facts and make a decision based on many factors such as why your ex-husband quit, why he is making less money, changes in the economy and job market, etc.
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