ILIFF v. ILIFF

No. 09-0753.

339 S.W.3d 74 (2011)

James Derwood ILIFF, Petitioner, v. Jerilyn Trije ILIFF, Respondent.

Supreme Court of Texas.

Decided April 15, 2011.


Attorney(s) appearing for the Case

Thomas M. Michel , Griffith, Jay & Michel, Fort Worth, TX, Georganna L. Simpson , Jeremy C. Martin , Simpson * Martin LLP, Dallas, TX, Robert E. Raesz Jr. , Law Offices of Robert E. Raesz, Jr., Austin, TX, Sarah Katherine Brandon , Law Offices of Sarah Brandon, Austin, TX, Lucy E. Del Prado `Elly' Dietz , Duvall Gruning & Dietz, San Marcos, TX, for James Derwood Iliff.

Frank B. Suhr , Law Office of Frank B. Suhr, New Braunfels, TX, Michael E. Scanio , Scanio & Scanio, San Marcos, TX, for Jerilyn Trije Iliff.

John B. Worley , Office of the Attorney General, David S. Morales , Office of the Attorney General of Texas, Deputy First Assistant Attorney General, Austin, TX, for Amicus Curiae The Office of the Attorney General.


Justice WAINWRIGHT delivered the opinion of the Court.

Under the Texas Family Code, may a trial court calculate child support based on earning potential, rather than actual earnings, when the obligor is intentionally unemployed or underemployed, but there is no proof that the obligor's unemployment or underemployment is for the purpose of avoiding child support? Because the language of Texas Family Code section 154.066 does not require such proof, we hold that intent...

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