How 2023 Changes to Texas Family Law Could Impact Your Divorce

 Posted on November 07, 2024 in Divorce

Texas legislators focused heavily on family law matters in 2023, enacting 37 changes to the Texas Family Code. While some statutes were amended, some were added, affecting a wide range of divorce and family law issues. To ensure you fully understand the changes if you are going through a divorce or other family law matter, speaking to a knowledgeable family law attorney can be extremely beneficial.

When you choose an experienced Hurst, TX family law attorney, you will have a strong advocate in your corner to help you through a difficult divorce, child custody case, or other family law issue. Some of the most significant changes made to the Texas Family Code are detailed below.

Changes in Child Support Laws

In the past, if a parent owing back child support received an inheritance, he or she could transfer the money to a friend or relative to avoid having to use it to pay child support arrears. Today, an inheritance must be used to pay child support arrears before it can be spent on anything else. The legislature also expanded the authority of the court to order a parent who is unemployed – and is obligated to pay child support – to obtain employment.

If the parent claims he or she cannot find work, the court will mandate enrollment in an employment program. The goal is to prevent a parent who wants to avoid paying child support so badly that he or she quits a good job and refuses to take advantage of employment opportunities from remaining unemployed. The changes to the Code also do the following:

• Medical and dental are now included in child support orders.
• A lump sum disability payment received by a parent obligated to pay child support cannot be used to reduce future child support obligations.
•  Child support obligations must be adjusted for a parent who is incarcerated for 180 days or longer.

Child Custody Changes

The biggest change in child custody came under HB 891, which lifted the prohibition against using expert testimony to challenge a child custody evaluation. The evaluator’s methodologies and qualifications may now be challenged. The goal is to prevent "rogue" child custody evaluators who have a clear bias or may not have the qualifications necessary to perform an evaluation.

Changes to Spousal Support and Adoption

Under HB 2070, updates to Texas spousal maintenance laws clarify procedural requirements in a situation where the spouse receiving support is caring for a special needs child. A parent in this situation may ask the court to continue spousal support to help support the special needs child. An adoptive parent was previously defined as one who adopted a child via the process in Texas statutes.

The updated law includes adoption by "estoppel," based on the actions and conduct of the parties. Adoption by estoppel is only for inheritance issues and is not a legal adoption. When a minor child is raised by an adult who is not his or her parent but who acts in every way as if the child is his or her own, that child has inheritance rights through adoption by estoppel.

Protective Order Changes Under the New Laws and Amendments

A Texas court can now issue a protective order based on evidence of domestic violence rather than considering whether domestic abuse will occur in the future. Standardized forms and materials must now be used to file a protective order. Once such an order is in place, law enforcement agencies must have a copy of the protective order in all computerized records detailing outstanding warrants.

Contact a Tarrant County, TX Family Law Attorney

If you are facing a family law issue, you know it can be emotional, making it difficult to always see the "big picture."  Having a highly skilled Hurst, TX family law attorney from Daniel R. Bacalis, P.C. ensures you have the information and guidance to make necessary decisions. Attorney Daniel R. Bacalis is a Board-Certified Family Law Specialist who will always have your back. Call 817-498-4105 to schedule your free consultation.