What's New in Family Law After the 88th Texas Legislative Session?

What Changes in Law Should I be Aware of Come September 1, 2023?

Every two years, the Texas Legislatures meet and decide on new legislation. Here are a few snapshots on what will happen come September 1, 2023.

SB 870 Child Support

Judges will have a little more teeth with enforcing child support. The Court will now be able to order than an obligor (parent paying child support) get a job. The Court can also enroll support obligors into employment programs whether they like it or not. There are also updates in the child support statutes concerning child support liens, child support enforcement, child support modifications, and more, including a significant update in rules regarding incarceration and support obligations.

SB 48 Protective Order forms

This new law will require standardized forms to be used when applying for a protective order.

HB 1432 Protective Order Elements

The changes to the elements for being granted a protective order is one of the biggest changes to come out of this year’s legislative session. Those applying for a protective order will no longer need to prove that there will be a likelihood of future family violence. This means that one incident of family violence may be enough to be granted a protective order.

HB 8250 Discovery

One of the biggest changes for attorneys and litigants is to discovery and the initial disclosures. The initial disclosures as we have known them for the past two years, will be no longer. This was in part to legislatures deciding the process was too onerous on pro se and low income litigants. Instead of requiring to exchange initial disclosures within 30 days of the opposing party making an appearance, you will now have to serve a request for disclosures. The new Title 6 of the Texas Family Code will provide further information.

If you would like to speak with us further about a family law case, please do not hesitate to contact Deitchle+Simone for further information.

Categories: Family Law