Do you still pay child support if you are unemployed in Texas?

Yes. Unemployment does not suspend a child support order. If there is no evidence of income, Texas Family Code section 154.068 presumes the parent earns federal minimum wage for a 40-hour week, and support is calculated on that.

What is the minimum child support in Texas if you have no job?

With no income evidence, the court presumes full-time federal minimum wage — $7.25 per hour for 40 hours, about $1,257 per month gross. After standardized taxes that is roughly $1,161 in net resources, so one child works out to about $232 per month.

Child Support When a Parent Is Unemployed in Texas

Q: Can a Texas court base child support on what I could earn?

Yes. Under section 154.066, if your actual income is significantly less than what you could earn because of intentional unemployment or underemployment, the court may apply the guidelines to your earning potential instead of your actual paycheck.

Written and kept current by Donald C. Nemec, a Texas family-law attorney (State Bar of Texas No. 24049967) with 18 years in Texas courts. Last reviewed against the Texas Family Code on August 26, 2026.

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Losing a job does not pause a child support order. Texas has two separate rules for income that isn't there, and they point in very different directions.

Rule 1: the minimum-wage presumption (§ 154.068)

Section 154.068(a) says that "in the absence of evidence of a party's resources," the court shall presume the party earns the federal minimum wage for a 40-hour week.

That is a default for an evidentiary vacuum — the other parent didn't show up, or nobody put any income proof in front of the judge. Run the numbers:

Step	Amount
$7.25/hr × 40 hrs × 52 weeks ÷ 12	$1,256.67/mo gross
Less standardized Social Security, Medicare and federal income tax	≈ $1,161/mo net resources
One child at 20%	≈ $232/mo

There is an important carve-out. Under § 154.068(b) the presumption does not apply if the court finds the parent is subject to an order of confinement exceeding 90 days and is incarcerated when the court makes the determination.

This presumption is not a floor for everyone. It applies when there is no evidence. If you actually work part time and prove it, the court uses your real numbers — which can be lower. A calculator that silently bumps every low income up to minimum wage is misreading the statute; ours makes it an explicit choice you tick only when the income is genuinely unknown.

Rule 2: intentional unemployment or underemployment (§ 154.066)

This one cuts the other way.

If a parent's actual income is significantly less than what that parent could earn because of intentional unemployment or underemployment, the court may apply the guidelines to earning potential instead of the actual paycheck. A surgeon who quits to drive part time can be ordered to pay like a surgeon.

Courts look at work history, education, qualifications, the local job market, and the reason for the change. Two statutory limits are worth knowing:

Veterans. Under § 154.066(b), the court may consider evidence that the parent is a veteran seeking or awarded VA disability benefits or non-service-connected disability pension benefits.
Incarceration. Section 154.066(c) is explicit: a court may not treat incarceration as intentional unemployment or underemployment when establishing or modifying support.

Being laid off, or taking a genuine pay cut you did not engineer, is not "intentional." The distinction is about choice, not about the size of the drop.

What still counts as income with no job

Net resources are far broader than wages. Section 154.062(b) sweeps in "all other income actually being received," which expressly includes:

unemployment benefits
severance pay
retirement benefits, pensions, annuities and trust income
disability and workers' compensation benefits
Social Security benefits other than supplemental security income (SSI)
VA disability benefits other than non-service-connected disability pension benefits
interest, dividends, royalties and net rental income
capital gains, gifts and prizes, spousal maintenance and alimony

Section 154.062(c) excludes return of principal or capital, accounts receivable, TANF and other federal public assistance, and foster-care payments.

So a parent with no job may still have substantial net resources. See what counts as net resources for the full picture.

What to actually do if you have lost your job

Support does not adjust itself, and arrears accrue while you wait. Every month you spend hoping the situation resolves is a month of unpaid support building into a judgment.

Keep paying what you can. Partial payment is better than none, and it matters at an enforcement hearing.
File to modify quickly. A Texas court can generally modify support only back to the date the other side got notice of your filing — not back to the date you lost the job. Waiting six months to file permanently costs you six months.
Document the job search. It is your evidence against a § 154.066 argument that you are underemployed on purpose.

See how modification works →

Frequently asked questions

Can child support be waived while I'm unemployed? No. There is no unemployment exception in Chapter 154. The order stands until a court modifies it.

Does unemployment compensation count as income for Texas child support? Yes — § 154.062(b)(5) lists unemployment benefits among the resources included in the calculation.

I'm in jail. Will support keep building up? The existing order continues until modified, but § 154.066(c) bars the court from treating incarceration as intentional unemployment, and § 154.068(b) turns off the minimum-wage presumption for confinement over 90 days. Both are reasons to seek a modification rather than let arrears accumulate.