2023 Updates: What’s New in Texas Child Support Laws

In 2023, Texas made several changes to its child support laws. The biggest new child support law in 2023 in Texas allows judges to order those who owe child support (“obligors”) to seek employment. The new laws included several other provisions, too, aimed at streamlining the child support process and making it work better for recipients of child support and the children at the heart of the orders.

The Larson Law Office can answer your questions about these new laws and how they affect any child support orders you currently have or are pursuing. We are dedicated to providing direct and honest communication to ensure each of our clients gets the personalized service they need. Reach out to speak with us about how we can help you with child support or other family law matters.

What Is the New Child Support Law in Texas in 2023?

The new Texas child support law in 2023 typically includes Senate Bill 870, which:

Gives the court new powers related to underemployed and unemployed obligors,
Modified how support is calculated and when it is ordered,
Modernized some rules, and
Made several changes to various provisions.

Along with Senate Bill 870, Senate Bill 869 made more modifications.

Underemployed and Unemployed Child Support Obligors

Senate Bill 870 includes a provision related to underemployed and unemployed child support obligors. The provision applies specifically when an obligor fails to meet their obligations by avoiding employment.

Unemployment and Underemployment

For this provision, you are unemployed if you do not engage in paid employment or self-employment. When you are underemployed, several circumstances may apply. You may not have a job that:

Is full-time or regular;
Pays enough to support your needs; or
Requires your skills, education, or training.

Unfortunately, some individuals want to avoid paying child support so badly that they quit their job, refuse to get a new job, or become purposefully underemployed. The provision attempts to address these behaviors.

Employment Orders

Under the new law, if an obligor is unemployed or underemployed, a court can order them to:

Get a job,
Create a plan to pay child support,
Perform sufficient work activities to pay the owed support, or
Participate in a community employment assistance program.

You can request these provisions when establishing, modifying, or enforcing a child support order. To enforce the order, the court can hold the obligor in contempt or withhold their income. This new power complements the court’s ability to base the amount of child support on the obligor’s earning potential rather than their actual income.

Changes to Support and How You Calculate It

The new bills slightly modified what support orders include. They also established rules related to lump-sum disability payments and incarcerated obligors.

Medical and Dental Support

The law now explicitly includes medical support and dental support as part of support orders. This change means courts may consider those costs more directly, especially if the child support guidelines are inadequate to meet the child’s health needs.

Lump-Sum Disability Payments

When an obligor parent receives disability payments and part of the payment goes to their child, the parent can usually subtract the amount the child received from the support they owe. Texas law now specifies that lump sum disability payments cannot be used to reduce future obligations, even if they partially benefit the child.

Incarceration

Under previous law, an incarcerated obligor could continue to owe support while incarcerated and unable to work. Now, the Texas Attorney General’s Office (AG) generally must adjust child support obligations of an obligor incarcerated for 180 days or longer. Exceptions exist if the obligor is incarcerated for failing to comply with a support order or committing family violence against the other parent or the child covered by the support order.

The government must provide notice of the adjustment to the other parent at least 30 days before the change becomes effective. The other parent can ask the government to reconsider its adjustment within 30 days of the notice.

When the incarcerated obligor is released, the AG may administratively modify the order again, or either parent may request a modification.

Modernizing Processes

The bills also modernized some provisions, including:

Requiring email addresses be provided with other contact information,
Permitting remote hearings, and
Authorizing digitized signatures.

These changes reflect the reality of our increasingly online-centered communications.

Other Provisions

Senate Bills 869 and 870 also:

Forbid an obligor from assigning (transferring) away property they receive through inheritance, a will, or life insurance;
Make it easier to release liens on the obligor’s property;
Eliminate the 10-year renewal requirement of arrearage-related liens, making them effective until satisfied or released;
Authorize the court to dismiss baseless claims against the government; and
Permit courts to establish parentage even without legal jurisdiction over one parent.

Combined with the other changes, these provisions mean the new child support law from 2023 in Texas enabled parents to get more of what they need to provide for their children. The changes offer flexibility while empowering the courts to curb intentional unemployment and underemployment.

Navigating Texas’s Modified Child Support Regime

If you owe child support, are owed child support, or need help establishing a support order, the Larson Law Office can help. We can guide you through understanding what you need and how to get it.