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Can I collect child support from someone unemployed based on what he should be making? I have back pay stubs from 10 years.

Frisco, TX |

My husband has been unemployed mostly by choice since Oct 2009. He used to make a 6 figure income. I want to divorce him and get child support, but believe he has purposely not found work. Can I show what he has made in the past to use in court to determine what child support should be?

Attorney Answers 1

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If a Judge finds that your husband is deliberately underemployed or unemployed, the Judge can base child support on the amount of income the Judge believes your husband could/should be making based on his prior work history. If the Judge bases child support on minimum wage or even if he bases it on an amount he feels your husband could/should be making, you can always seek a modification to increase the amount of child support should your husband become employed or if he obtains a job with higher income than what the Judge ordered child support to be based on.

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