How to Prove that a Child Support Payor is Working Below His Earning Potential

My question involves child support in the State of: Texas. NCP has 20+ yr history of a management position, same industry. Jan 2015 took a lesser position after relocating back to Texas where children live. Within months filed for a child support modification that reduces his monthly support by 50%.
I've talked to two attorneys that have suggested to me that proving he's working below his wages will be very difficult, if not impossible, in the AG's court. That the AG's court will only review most recent pay stubs. Additionally, that he'll be given grace for relocating to be back in the state with the children. The AGs office is overburdened with cases, not interested in spending a lot of time on mine trying to ascertain fairness.
I've tried to informally request Discovery from him, he knows he can refuse. That makes it difficult to prepare for the court date. It's hard to invest in an attorney, when they are honest about my chances of not allowing the reduction.
Fact is, he quit a job that his support was based on to move to another state to be with a love interest. He procurred a job there making slightly higher than support was based on. Only saw our children twice in almost two years. Fired from that job, broken up with girlfriend, he relocated back to Texas.
Any advice on compelling him to cooperate on the Discovery I asked for? How I can make a better case in the AG's court to present this year as working below his paygrade intentionally, and not lack of opportunity?

It seems you should listen to the attorneys you've already talked to. Whatever he does with his life, this whole deal makes you sound petty, punishing and kind of mean. You're going to demand that he give up his freedom to quit a job, relocate, see his children, have a new love interest etc. simply because you don't want to accept less child support? And you think this is an effort to "accertain fairness"?

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Quoting CelestialSandy

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My question involves child support in the State of: Texas. NCP has 20+ yr history of a management position, same industry. Jan 2015 took a lesser position after relocating back to Texas where children live. Within months filed for a child support modification that reduces his monthly support by 50%.
I've talked to two attorneys that have suggested to me that proving he's working below his wages will be very difficult, if not impossible, in the AG's court. That the AG's court will only review most recent pay stubs. Additionally, that he'll be given grace for relocating to be back in the state with the children. The AGs office is overburdened with cases, not interested in spending a lot of time on mine trying to ascertain fairness.
I've tried to informally request Discovery from him, he knows he can refuse. That makes it difficult to prepare for the court date. It's hard to invest in an attorney, when they are honest about my chances of not allowing the reduction.
Fact is, he quit a job that his support was based on to move to another state to be with a love interest. He procurred a job there making slightly higher than support was based on. Only saw our children twice in almost two years. Fired from that job, broken up with girlfriend, he relocated back to Texas.
Any advice on compelling him to cooperate on the Discovery I asked for? How I can make a better case in the AG's court to present this year as working below his paygrade intentionally, and not lack of opportunity?

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He seems to understand that you're not actually the one who allows or disallows anything - it's completely out of your hands. If you've had a couple of attorneys tell you that it's just not going to happen, you probably need to just accept it. The AG cares about getting support from deadbeats, and as long as a parent isn't hiding income (which is not what Dad is doing) or avoiding payment to begin with, they're really not going to be overly worried about a parent alleging the other parent is underemployed.

Best to accept that now rather than later.

What you have to understand is that it IS, in real terms, nigh on impossible to prove that he's under-employed.

Time will be spent on cases where the parent isn't paying any child support. It may not seem fair, but you are being paid something and there are countless families that don't receive a penny. If you were the parent not receivng a penny how would you like it if your child had to go without because another parent wanted more child support than they were receiving ?

I'm working below my earning potential too, but it isn't by choice. The economy is improving, at least where I am, but it's still not at the point where you can afford to be picky about jobs. Turn down this job because it doesn't pay enough and you might be waiting months for the next offer - and possibly no unemployment because you turned down available work.

What's YOUR evidence that he has had the opportunity to be earning more and deliberately turned it down in favor of the lower paying job?

I left out a lot of personal info. I'd never punish him, I work hard to keep him in the family to be part of the kids lives. I gave him our home, signed a Quit Claim Deed. I've liquidated all my retirement to pay his debts. I've loan him $1,000's of dollars that I didn't have. He's abandoned our children and failed to even visit. When he relocated back to Texas, I was so eager to have him in their lives, I supported him and gave him my car for three months. Fed him, housed him helping him reestablish here. Just for the kids. Point I was making, he's worked over 20 years and has made more money then our child support was even based on, consistently, every year. I never had it modified. He took a job after relocating, months later is having it reduced by 50% intending to accomplish that and go back to his career. I'm surprised that sounds petty or unfair. He's opened credit in my name, after I left him. He filed bankruptcy and it all spilled over on me. We live in a $15K HUD home I bought to house me and the kids. None of that seems fair to me.

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I failed to mention he's greatly in arrears. He wants to pay his arrears, with his reduction. I actually don't even understand your response. I must have missed something.

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Quoting CelestialSandy

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I left out a lot of personal info. I'd never punish him, I work hard to keep him in the family to be part of the kids lives. I gave him our home, signed a Quit Claim Deed. I've liquidated all my retirement to pay his debts. I've loan him $1,000's of dollars that I didn't have. He's abandoned our children and failed to even visit. When he relocated back to Texas, I was so eager to have him in their lives, I supported him and gave him my car for three months. Fed him, housed him helping him reestablish here. Just for the kids. Point I was making, he's worked over 20 years and has made more money then our child support was even based on, consistently, every year. I never had it modified. He took a job after relocating, months later is having it reduced by 50% intending to accomplish that and go back to his career. I'm surprised that sounds petty or unfair. He's opened credit in my name, after I left him. He filed bankruptcy and it all spilled over on me. We live in a $15K HUD home I bought to house me and the kids. None of that seems fair to me.

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I understand that you don't think it's fair. But unfortunately it is what it is. Do I personally think you've been screwed? If he is deliberately trying to avoid paying then yeah, I do actually ... but my opinion counts for exactly zilch. Let me rephrase - the kids would be screwed.

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I failed to mention he's greatly in arrears. He wants to pay his arrears, with his reduction. I actually don't even understand your response. I must have missed something.

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No idea who you're answering there.

I was going to offer the courts the evidence of over 20 years, changing jobs in the same industry, and consistently making a higher salary. The jobs are available in his industry. That's what I was asking here, for help in trying to prove it. I have no proof, of course, that he's turned down a job. Only the consistency of his entire career. He changes locations/employers every 3-4 years, but consistently has the same position and income. Until 2015.

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Quoting Dogmatique

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I understand that you don't think it's fair. But unfortunately it is what it is. Do I personally think you've been screwed? If he is deliberately trying to avoid paying then yeah, I do actually ... but my opinion counts for exactly zilch. Let me rephrase - the kids would be screwed.



No idea who you're answering there.

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I was answering Mercy&Grace. I really didn't understand their response I think.

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Quoting CelestialSandy

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I was going to offer the courts the evidence of over 20 years, changing jobs in the same industry, and consistently making a higher salary. The jobs are available in his industry. That's what I was asking here, for help in trying to prove it. I have no proof, of course, that he's turned down a job. Only the consistency of his entire career. He changes locations/employers every 3-4 years, but consistently has the same position and income. Until 2015.

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I was answering Mercy&Grace. I really didn't understand their response I think.

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20 years isn't going to count at all. You remember the dotcom crash? Exactly.

I was trying to explain why the courts don't have time to deal with cases where the parent is already paying child support. Life is unfair. The time and energy the courts have will be spent on parents not receiving any child support compared to a parent that is receiving child support. It doesn't matter what you think about his earnings potential. Has it crossed your mind that if you push him on this that he may leave Texas and move to another state where he is making less money than he is now. Or he could stay in Texas and take a lower paying job that results in you being paid less in child support that you are currently receiving. He can request a Modification of child support based on making less.