When it comes to child support in Texas, income isn’t just important, it’s the foundation of your entire case. Whether you’re the parent seeking support or the one being asked to pay it, your income will directly affect how much child support is ordered by the court.
But here’s the big question many parents ask: Do I need proof of income for a child support case?
The short answer is yes. And the long answer involves how Texas law treats income, what happens if a parent refuses to share it, and how to protect yourself legally and financially.
This guide explains it all in plain, easy-to-understand language, without a lot of legal jargon.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Why Income Proof Is Required in Child Support Cases
Texas courts need accurate financial information to calculate a fair child support amount. Without documentation, the court cannot determine the paying parent’s financial ability, and this can either hurt your rights or your child’s needs.
Income documents also help prevent underreporting or overestimating earnings, especially in contested divorce cases, high-net-worth divorces, or where one parent is self-employed.
What Counts as Income in Texas?
According to the Texas Family Code § 154.062, “net resources” are used to determine child support. This includes:
- Salary and wages
- Bonuses, commissions, and tips
- Overtime pay
- Rental income
- Self-employment income
- Unemployment benefits
- Retirement or pension
- Alimony received
- Certain gifts and prizes
Net resources = Total income – allowable deductions
Allowable deductions may include:
- Social Security taxes
- Federal income taxes
- Union dues
- Health insurance for the child
This calculation is the same whether you’re hiring the best divorce attorney in Fort Worth or going through the divorce process without an attorney.
What Happens If You Don’t Provide Proof of Income?
If a parent refuses to provide income records, the court can impute income, which means it estimates what the parent should be earning based on work history, education, and the job market.
For example:
If a parent claims to be unemployed but used to earn $80,000 per year as a software developer, the court may calculate support based on that earning potential unless the parent proves otherwise.
This is why it’s critical to work with an affordable family lawyer or a DFW divorce attorney who can help you present your financial reality with clear evidence.
Acceptable Forms of Income Proof
If you’re wondering what to prepare, here’s a list of documents commonly used in family court:
- Recent pay stubs (last 6 months)
- Tax returns (last 2 years)
- W-2 or 1099 forms
- Bank statements
- Business profit and loss statements (for self-employed)
- Employment contracts
- Social Security or retirement benefit statements
Hiring an experienced divorce lawyer or family law attorney in Texas ensures you have the right documents and don’t leave gaps that can be used against you in court.
What If the Other Parent Refuses to Share Income?
If the other party hides income or refuses to share documents, your attorney can:
- Send formal discovery requests
- Subpoena bank or employer records
- File a motion to compel
- Use Texas Family Code § 154.065, which allows the court to consider earning potential if actual income is unknown
In some cases, especially in high net worth divorces or when a prenuptial agreement lawyer is involved, complex assets like investment portfolios or business interests may be hidden or undervalued. A good divorce law firm will know how to trace those assets.
Child Support in Contested and Agreed Cases
Whether you’re filing a contested divorce or an agreed (uncontested) one, child support is calculated the same way under Texas law. However, in contested cases, both parties may fight over income figures, especially during the dissolution of marriage involving divorce asset split, and marriage asset division.
Example:
In one case, a parent claimed zero income to avoid paying support. After the investigation, their Dallas family law attorney discovered they were freelancing online and earning over $5,000/month. The court ordered back payments and penalties.
Can You Still File If You Don’t Have All the Documents?
Yes, you can file, but the process will be harder if you’re not prepared. It’s best to gather what you can and then work with a family case lawyer or a divorce attorney Fort Worth free consultation service to help you complete the rest.
You do not need to wait until you have every document to start, especially if your child is not receiving the support they deserve.
What the Texas Family Code Says
Here are two key statutes to remember:
- Texas Family Code § 154.062 defines income and deductions for calculating child support.
- Texas Family Code § 154.065 allows courts to estimate income if a parent is intentionally unemployed or underemployed.
These laws exist to prevent unfair manipulation of the system. A trusted DFW divorce attorney or Cleburne family law attorney can explain how they apply to your specific case.
Protect Your Case from Day One – Talk to Turner Monahan PLLC
If you’re dealing with a child support case and wondering how to prove income, don’t wait. Income documentation is essential, but so is the right legal support.
At Turner Monahan PLLC, we’ve been helping families in Fort Worth, Tarrant County, Dallas, and Cleburne since 1973. With over 1,000+ divorce and custody cases handled, we know how to build a strong case around what matters most, your child’s safety, happiness, and stability.
Your peace of mind matters, and at Turner Monahan, we’re ready to help you protect it. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
