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

Summary

The Texas Supreme Court held that Family Code section 154.066 does not require proof that an obligor's intentional unemployment or underemployment is for the purpose of avoiding child support before a trial court may base support on earning potential; the statute demands only a conscious choice to remain unemployed or underemployed, though intent to avoid support remains a permissible factor. Resolving a split among the courts of appeals, the Court disapproved opinions imposing an intent-to-avoid-support requirement and affirmed the trial court's award of $1,295.19 per month computed from James Iliff's $5,000 monthly earning potential, finding no abuse of discretion on a record showing he voluntarily left a $102,000 job, held advanced degrees, admitted fitness to work, and earned only nominal income over two years.