Texas Family Code - FAM § 154.066. Intentional Unemployment or Underemployment

(a) If the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor.

(b) In determining whether an obligor is intentionally unemployed or underemployed, the court may consider evidence that the obligor is a veteran, as defined by 38 U.S.C. Section 101(2), who is seeking or has been awarded:

(c) The court may not consider incarceration as intentional unemployment or underemployment when establishing or modifying a support order.