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Tex. Fam. Code § 154.067

DEEMED INCOME

Applied in 2 court decisions — leading case Farish v. Farish (1996)

Most recently applied in in the Interest of J.C.K., a Minor Child (May 2004)

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff

(a) When appropriate, in order to determine the net resources available for child support, the court may assign a reasonable amount of deemed income attributable to assets that do not currently produce income. The court shall also consider whether certain property that is not producing income can be liquidated without an unreasonable financial sacrifice because of cyclical or other market conditions. If there is no effective market for the property, the carrying costs of such an investment, including property taxes and note payments, shall be offset against the income attributed to the property.

(b) The court may assign a reasonable amount of deemed income to income-producing assets that a party has voluntarily transferred or on which earnings have intentionally been reduced.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.