Thomas J. Daley
Thomas J. DaleyKoonsFuller, P.C. - Texas Family Law Powerhouse
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FAQ/Question

How is child support calculated when a parent is intentionally underemployed in Texas?

This question has been addressed in 1 Texas court opinion:

In the Interest of B.R.H., A Child

COA06 — February 11, 2026

In this modification case, the Sixth Court of Appeals upheld a trial court's order restricting a mother's visitation to supervised, therapeutic-only access after she unilaterally and unnecessarily admitted her child to a psychiatric facility. The appellate court analyzed the child's best interests under the Texas Family Code, weighing expert testimony from a counselor and an in-chambers interview where the child expressed fear of the mother's medical decision-making. The court held that the trial court did not abuse its discretion in limiting the mother’s access, awarding the father exclusive educational rights, and calculating child support based on the mother’s earning capacity instead of her reported income.

Litigation Takeaway

“A parent's unilateral and unwarranted medical or psychiatric decisions can be legally characterized as harmful acts, providing sufficient grounds for a court to restrict that parent to supervised visitation and transfer exclusive decision-making rights to the other parent.”

Thomas J. Daley

Texas Family Law Litigation

Sophisticated litigation strategies for Texas families. Experience, integrity, and results when it matters most.

Targeted Resources

  • Divorcing a Narcissist
  • Dividing Retirement Assets
  • Fathers' Involvement
  • High-Asset Divorce

Contact Info

  • 1-972-769-2727
  • tdaley@txfamlaw.com
  • 5700 W. Plano Parkway Ste 2200, Plano, TX 75093
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