Recent Updates in Texas Family Law and How They Affect You
State legislators chose to focus significantly on family law matters in 2023, enacting 37 changes to the Texas Family Code. That included amendments to existing statutes, as well as some new laws. The vast majority of these laws went into effect on September 1, 2023, and the dust now seems to have settled.
The changes affect a wide range of divorce and family law issues, including marital property rights and liabilities, spousal maintenance, protective orders, lawsuits regarding children, child support, modifying court orders regarding children, and enforcing prior orders for child support or possession.
What Were Some of the Key Changes in Texas Family Law in 2023?
Legislators made significant changes in laws governing most aspects of family law, including:
- Child support—In the past, parents who had overdue child support obligations and then received an inheritance could transfer the inheritance to another person to avoid having the inheritance used to pay back child support. The legislature passed a law that, as of September 1, 2023, requires the inheritance to be used to settle any overdue child support obligations. In addition, the court has expanded authority to order an unemployed child support obligor to get a job. Under the new law, the court can compel non-working non-custodial parents to enroll in employment programs.
- Protective orders—The legislature enacted a law that mandates the use of standardized forms and materials to file for a protective order. Furthermore, once a protective order is put in place, relevant law enforcement agencies must place a copy of the order in their computerized records of outstanding warrants. Finally, a court may now issue a protective order based entirely on evidence that there has already been an occurrence of domestic violence. The court does not need to consider the likelihood of domestic abuse in the future.
- Child custody—Under changes in the law, either party may use an expert witness to challenge anyone conducting a child custody evaluation. The expert may assess the methodologies and qualifications of the evaluator and establish norms for such evaluations.
- Spousal maintenance—The statutory revisions address the procedural requirements for continuing alimony payments when the receiving party is caring for a child with special needs.
- Adoption—The law now defines an adoptive parent as one who either has adopted a child through the process set forth in Texas statutes or is considered to have adopted a child “by estoppel,” based on the conduct and actions of the parties.
At the law offices of Bailey & Galyen, we have more than 40 years of experience protecting the rights of clients across Texas who are involved in any type of family law matter. We understand the unique challenges that come with divorce and family law disputes, and we can help you seek outcomes that are in the best interests of any minor children while protecting your rights. We handle all issues related to custody and visitation, child and spousal support, and the division of marital debts and assets under the community property laws in Texas.
Contact us by email or call us at 844-402-2992. You also can call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
