As a mom, you want to provide the best possible care for your children. But, if the father of your children is unable to hold up their end of the bargain paying child support, it can become difficult to cover expenses.
Often, the father cannot make payments due to being out of work. This presents a challenge because Texas bases child support payments on the monthly income of the other parent.
However, even if the father isn’t pulling in income, all is not lost to receive the payments you are owed to care for your children. Texas courts will consider what is known as imputed income. I will explain how this works to help you understand how to get child support if the father is not working.
The Basics of Determining Child Support in Texas
When a court in Texas legally establishes child support, the judge will assign certain roles to the involved parties, determine the amount of payment to be made, and make other determinations.
– As the custodial parent, you will be named the obligee designated to receive payments from the father of your children.
– As the non-custodial parent, the father will be named the obligor ordered to make child support payments.
– The payment amount is based on the “monthly net resources of the obligor.” The amount is based on a schedule established in the Texas Family Code:
- 1 child: child support payments based on 20% of Obligor’s Net Resources
- 2 children: child support payments based on 25% of resources
- 3 children: child support payments based on 30% of resources
- 4 children: child support payments based on 35% of resources
- 5 children: child support payments based on 40% of resources
- 6+ children: payments no less than the amount for 5 children
Then, there is another schedule if the father’s monthly net resources are less than $1,000. In this case, the court is presumed to follow a lesser schedule when determining child support:
- 1 child: child support payments based on 15% of Obligor’s Net Resources
- 2 children: child support payments based on 20% of resources
- 3 children: child support payments based on 25% of resources
- 4 children: child support payments based on 30% of resources
- 5 children: child support payments based on 35% of resources
- 6+ children: payments no less than the amount for 5 children
Then, if the father is out of work and is not pulling in any income on a monthly basis, the court will consider what is called imputation of income to help determine the amount of child support that you should receive.
How Child Support Is Determined If the Father Is Not Working
Imputation of income or imputed income is essentially the amount of income that the obligor is estimated to be able to make. When making this determination, the court will rely on evidence of the father’s resources when applying child support guidelines.
The court will consider several factors, including:
- The father’s current assets, residence, employment, earnings history, job skills, educational attainment, literacy, age, health, criminal history, barriers to employment, and record of seeking work
- Job opportunities in the father’s community
- The prevailing wage in the father’s community
- The willingness of employers to hire the father
The judge will want to hear evidence about whether the father is actively seeking employment, whether he has liquid assets (e.g., a savings account) that can be used to make child support payments in between jobs, and other factors that impact the situation.
Ultimately, the court will act in the children’s best interest to ensure that you receive payments that enable you to provide sufficient care for the children.
After making a final determination about child support, the judge will sign an order that outlines the father’s child support obligations. The court will then initiate the process of setting up payments from the father to you.
Most of the time, the payments will be routed through the Texas Attorney General’s Office to guarantee payment to you. Some counties offer other options for payments to be set up.
Work With a Family Attorney for Help with Child Support
I know that you have a lot on your mind and your plate caring for your children. If you are not confident that you will receive child support payments because the father of your children is not working, talk to me about working through the Texas legal system.
As a family law attorney, I will provide you with expert legal support on the path to receiving child support. I will serve as a fierce advocate fighting for every dollar you are owed.
I currently help clients in Fort Bend County, Brazoria County, and Harris County with child support legal matters. If you live in one of these Texas counties, then reach out to me today.
Call my offices at 281-944-5485 or 979-267-7660 to discuss your situation. I am here to help!