What Recent Changes Mean for Divorce and Custody Cases
The Texas Legislature has devoted a substantial amount of time and effort to the revision of statutes governing divorce and family law in 2024. Thus far, a number of significant changes have been made.
Uncontested Divorce Has Been Simplified
In Texas, as in all states, a divorce may be contested or uncontested. An uncontested divorce (not the same thing as a no-fault divorce) is simply one where there are no issues about which the parties disagree. Situations in which uncontested divorces are more common include when the couple has no minor children; when the parties do not own significant property; and when the parties are able to resolve custody, support, and property issues amicably. Pursuant to changes made in 2024, a person in Texas may now file for an uncontested divorce electronically, which can streamline the process and significantly reduce costs.
Changes That Affect Child Custody and Support
Since 2005, Texas law has mandated a parenting plan for all divorcing couples with minor children. Revisions to the Texas Family Code in 2024 include provisions requiring couples to prepare a more detailed parenting plan for all minor children. The plan must lay out where each child will have their primary residence and when the non-custodial parent will have access/possession. The law also recommends that the parenting plan identify the custodial and non-custodial parents. Changes to the law in 2024 also make it easier to modify custody arrangements, provided that doing so is in the best interests of the child.
Texas child support guidelines apply a flat percentage to the net income of the payor to determine the amount of support. The percentages vary, based on the number of children for whom support is provided. Effective in 2024, the monthly net income of the payor that a court will consider when calculating child support payments is capped at $10,775. The court may apply the percentage to a higher income amount only if the recipient shows that the child’s needs warrant a higher payment or if there is a significant difference in income between the parents.
In addition, a court may order a non-working parent to enroll in a job training program if they are unemployed and unable to meet child support obligations. The court may also seize the proceeds of an inheritance to resolve child support delinquencies.
Adoption Updated in Texas
In addition to the regular legal process for adoption, a person may now become an adoptive parent in Texas through a process known as estoppel. Such a situation typically involves the care of an “adopted” child by someone who is not their biological parent but where a parent-child relationship has been established. For example, the child of a person in a common law marriage may be adopted by estoppel by the other party.
At the law offices of Bailey & Galyen, we have protected the rights of men and women across Texas for more than four decades, including individuals seeking to work out effective custody and visitation arrangements. We have a thorough understanding of the community property laws in Texas, and we know how to help you put a custody and visitation agreement in place that is in the best interests of your minor child while also protecting your rights as a parent.
We offer a free initial consultation to anyone involved in a child custody or visitation controversy. Contact us by email or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
