Sitting for the court: Justice Paul W. Green, Justice Nathan L. Hecht, Chief Justice Wallace B. Jefferson, Justice Phil Johnson, Justice David Medina, Justice Dale Wainwright, Justice Don R. Willett, Justice Eva Guzman, Justice Debra Lehrmann
James Derwood Iliff v. Jerilyn True Iliff
from Hays County and the Third District Court of Appeals, Austin
For petitioner: Jeremy C. Martin, Dallas
For respondent: Frank B. Suhr, New Braunfels
For amicus curiae State of Texas: David S. Morales, Austin
The issue is whether the Family Code provision allowing child support to be calculated on earning potential in “intentional unemployment or underemployment” requires proof that underemployment exists to avoid child support. In this case James Iliff, who after his divorce quit a job earning more than $100,000 a year, appeals a trial-court judgment calculating child support based on earning potential and his intentional underemployment. The court of appeals rejected his argument that his ex-wife must prove his unemployment is intended to avoid child support.
This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court’s staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court’s opinion about case merits.
Texas Supreme Court advisory
Contact: Osler McCarthy,
Staff Attorney for Public Information
(512) 463.1441 or email: firstname.lastname@example.org