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Intentional Underemployment in Texas Divorce
What is Intentional Underemployment in Texas Divorce?
Intentional underemployment occurs when an individual deliberately reduces their income to avoid paying a higher amount of child or spousal support. Texas courts may impute income to an individual who is found to be intentionally underemployed or unemployed to ensure that child support payments are made according to the Texas Family Code guidelines.
Imputation of Income in Texas Family Law
Imputation of income, or imputed income, refers to the process where a court attributes income to a person who is intentionally underemployed or unemployed, considering their potential earning capacity. This is done to calculate a more accurate child or spousal support amount. Imputed income considers factors like the individual’s education, work experience, and the local job market to determine the income that they could be earning if they were fully employed.
Impute Income Meaning and Application
When a court imputes income, it means they are attributing a certain amount of income to a person for the purpose of calculating child or spousal support. This can be either good or bad, depending on the situation.
If the person is genuinely unable to work or find employment, imputing income could lead to unjust financial strain. However, if it’s a case of intentional underemployment or the person is avoiding work, imputing income can help ensure that they meet their financial obligations to their children or former spouse.
How to Get a Judge to Impute Income
To convince a judge to impute income, you need to provide sufficient evidence that the other party is engaged in intentional underemployment or unemployed. This may include documentation of their work history, education, job offers, or other factors indicating their potential earning capacity. A family law attorney can help gather and present this evidence to the court.
Imputing Income for Spousal Support and Child Support
Imputing income can be applied to both spousal support and child support cases in Texas. The process for imputing income is similar for both types of support, as the court will assess the individual’s earning capacity and job market conditions to determine an appropriate amount of imputed income.
How Does Imputed Income Work?
Once the court determines that intentional underemployment is involved or other person is unemployed, they will analyze various factors to estimate the person’s potential income. This imputed income is then used to calculate child support and the appropriate amount of child or spousal support the individual is responsible for paying.
FAQs: Intentional Underemployment & Imputed Income
What is the purpose of imputing income?
The primary purpose of imputing income is to ensure that a parent or former spouse meets their financial obligations for child or spousal support, even if they are intentionally underemployed or unemployed.
Can imputed income be challenged?
Yes, imputed income can be challenged by providing evidence that demonstrates the individual’s inability to earn the imputed income due to legitimate reasons beyond tax imputed income, such as disability, job market conditions, or other extenuating circumstances.
How is imputed income calculated?
Imputed income is calculated by considering factors such as the individual’s education, work experience, and the local job market to estimate the amount of income they could potentially earn if they were fully employed.
What factors do courts consider when imputing income?
Courts consider factors such as the individual’s work history, education, job market conditions, and any offers of employment when imputing income for child or spousal support calculations.
Can imputed income be adjusted over time?
Yes, imputed income can be adjusted if there is a significant change in circumstances, such as a change in the individual’s earning capacity or the financial needs of the parent’s income, child or former spouse.
Can imputed income be applied retroactively?
In some cases, a court may apply imputed income retroactively to cover unpaid support obligations. This decision is made on a case-by-case basis and depends on the specific circumstances of each case.
How does imputed income affect child support calculations?
Imputed income is included in the calculation of the non-custodial parent’s monthly child support obligation. By including imputed other income for child support amount, the court ensures that the non-custodial parent pays an appropriate amount of child support based on their potential earning capacity.
How does imputed income affect spousal support calculations?
Similar to child support calculations, imputed income is considered when determining the amount of spousal support the individual is responsible for paying. The court will take into account the imputed income when determining an appropriate amount of spousal support based on the individual’s earning capacity.
Can a person request a modification of child support or spousal support based on imputed income?
Yes, if there is a significant change in circumstances regarding court-imputed income, such as a change in the individual’s earning capacity or the financial needs of the child or former spouse, a person can request a modification of child support or spousal support based on the imputed income.
How can a family law attorney help with imputed income cases?
A family law attorney can help gather and present evidence to the court that demonstrates intentional underemployment or unemployment, as well as assist in challenging imputed income if the individual believes it is not accurate or fair.
Take Action with Varghese Summersett
If you suspect that your former spouse or the other parent of your child is intentionally underemployed, report imputed income, or are unemployed to avoid paying their fair share of child or spousal support, it’s crucial to act quickly. The experienced family law attorneys at Varghese Summersett can help you navigate the complexities of imputed income and intentional underemployment cases. Call Varghese Summersett today at 817-900-3220 or contact us online to discuss your case.
