I am Supriya Gill, a lawyer and in this article, I will discuss the new child support law in Texas with the 88th legislative session. These laws will get into effect on September 1, 2023.
There are certain new laws related to child support passed by the Texas Legislature in 2023. The new laws will make the process complicated if someone wants to modify child support orders, will make it mandatory for child obligors to get a job or to enrol in an employment program and the process to collect child support arrearages easier.
The new child support law will make it a little complex if someone wants to modify child support orders by requiring that the changes in circumstances be both material and substantial and the reason for such changes must be beyond the control of the parties. The new law will require that the obligors need to show that modification in child support must be in the best interest of the child.
The new child support law in Texas has made some significant changes. The changes are likely to have a significant impact on families in Texas by making it more difficult for parents to modify child support and simpler for the state to collect child support arrearages.
More difficult to modify child support orders
As per the provisions of the old law, if there was a material and substantial change in circumstances since the order was entered, the child support order could be modified. But the changed new law makes it a little complex to modify child support orders that will require the circumstances to be both material and substantial and the reason for such cause must be beyond the control of the parties.
For example, if there is any change in employment of the obligor due to his own choice would not be considered to be material and substantial change. But if it is due to something which is beyond the control of the obligor such as layoff/ a disability, this can be considered to be material or substantial change.
The next required factor to modify child support orders is that the obligor is required to show that the modifications are in the best interests of the child. The obligor needs to prove that the modifications will not harm the child’s standard of living or to get the required education and medical care.
Child support obligors must get a job or enrol in an employment program
The new child support law in Texas ensures that child support obligors must get a job or enrol in an employment program if they are unemployed or underemployed. The Court can also order the obligor to participate in job training or placement services and to pay for their job search expenses.
The obligor can also be asked by the Court to pay a fee to the state every month for the cost of enforcing the child support order which will be an additional fee other than the regular child support payments.
This is done to ensure that child support obligors are doing all the essential things to support their children financially. The law believes that employment is the perfect way to achieve this goal.
However, there are certain exceptions to this requirement:
- The obligors who are not physically or mentally fit to work
- The ones who are still in school or training full-time.
- If the obligor is unemployed due to circumstances beyond their control, such as layoffs.
- The obligors are under the age of 18 and take care of a child.
If any obligor fails to comply with the requirements to get a job, they must file a petition with the court and explain the reasons for non-compliance and then the Court will determine whether to grant exemption.
This new requirement to get a job or enrol in an employment program is a huge change from the old law. These amendments are made to make it more difficult for parents to avoid their child support obligations.
Easier to collect child support arrearages
The new child support law makes the process of collecting child support arrearages easier. The new law allows the Court to garnish the obligor’s wages, tax refunds and lottery winnings. The court can even ask the obligor to surrender their driver’s license or professional license.
An unlimited lien on the obligor’s property can be placed by the Court until the arrears are fully paid.
Other changes
Some other changes brought about by the new child support law are:
- The child support lien can remain in effect for indefinite time till the arrearges are fully paid. There are no more provisions of a 10-year limit.
- The child support arrearages cannot be reduced by the Court even with the permission of the Court.
- The obligor can be asked by the Court to pay for the child’s college education.
Impact of the Law
The impact of the new laws is not being evaluated yet but a positive impact on the children involved can be expected in the future. The new laws have made the collection of child support arrearages and modifications in child support complex. Thus, it is entirely for the benefit of children as it ensures that children will get the required financial support.
Conclusion
Significant changes are brought about with the new child support laws in Texas which will be for the benefit of the children and are expected to have a positive impact on the children involved.
The new law has made it difficult to modify child support and the collection of child support arrearages by the state easier. It is also required that the child support obligors get a job or enrol in an employment program and the Court can also order the obligors to participate in job training or to pay their job search expenses.
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