In the US, if there is no child support order, then all you have to do is file a motion for child support. All you have to do is prove that he is intentionally unemployed. Get his history of employment and education level.
The most common reason for ending a child support obligation is that the child becomes a legal adult. Under Texas law, when your child turns 18, even if he or she still lives with the other parent, you can file a request with the court to discontinue the support obligation.
If you have no income, the court can set your modified child support amount based upon your past employment, your ability to work and the current federal minimum wage. For help finding a job, visit the Texas Workforce Commission online at WorkInTexas.
Self-employed parents must maintain careful records of their income sources and business expenses. These records serve as evidence during child support proceedings. The court may scrutinize bank statements, tax returns and business records to establish a comprehensive financial picture.
If a parent is determined to have lost a job or to be unemployed in order to avoid child support payments, then this is known as bad faith. In this case, the court can order child support based on their potential earnings.