marriage

Sep
07

The Texas Legislature 87th Session: New Texas Family Code Bills and Revisions

The Texas 87th session was very uneventful this year, with two additional  sessions. Listed below are some new bills and bill revisions that passed this year for the Family Code: 

  • HB 3774: Effective September 1, 2021, The date of the marriage must now be included in all final decrees of divorce in an official court document. Proof of the length of marriage is required to apply for Social Security retirement benefits. 
  • HB 2926: September 1, 2021, Reinstatement of Parental Rights after Involuntary Termination.  This is a new and significant procedure that allows certain people, including the Department of Family and Protective Services and a previously terminated parent, to move for reinstatement of their parental rights. Subchapter D added to Ch. 161 of the Texas Family Code, sets out the basic requirements for filing and hearing procedures.
  • SB1936: September 1, 2021, expressly states the standard Possession Order that the alternative ending time for Monday school holiday and teacher in-service days is 8a.m. on the following Tuesday and if a conservator lives less than 50 miles from the other conservator, the court shall also award that conservator the alternative beginning and ending time for standard possession order. This award does not apply if the possessory conservator declines one or of the alternative times or possession is limited by the court in the best interest of the child.
    *If the Possessory Conservator lives more than 50 but not more than 100 miles from the child’s primary residence, the law will not change: that parent may still opt into the Expanded Standard Possession Order (ESPO) – but it will not be automatic.
  • HB 1012: September 1, 2021, Access to residence or former residence to retrieve personal property.  If entry is denied by a current occupant, the denied person could seek a writ, authorizing them to go to the residence to get their possessions with a peace officer.  If the property was listed in a Decree, relief can be sought in court granting such Decree.
  • HB 3009: September 1, 2021, Child Custody evaluators must be able to communicate with a parent in their primacy language or have someone who can assist the parent in their primary language for Child custody evaluations. 

This legislature Session caused a lot of “smoke” but “little fire” for Texas Family Law.  

Nacol Law Firm P.C. 
Walnut Glen Tower
8144 Walnut Glen
Dallas, Texas 75231 
Call (972) 690-3333
NacolLawFirm.com

By Nacol Law Firm | UPDATE! New Texas Laws
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Hers, His, Ours: Marriage – Divorce – Remarriage

Today’s family unit is often in a state of flux. After a divorce, most people remarry and often there are children involved. In the new, blended family, one or both spouses may be paying child support. Newly-born or adopted children may also enter into the picture.

Sometimes, the cycle continues: marriage, divorce, remarriage, divorce.

Now, mom or dad has children in multiple households.

Do the additional children change the amount of child support to be paid? Not without a court order.

In Texas, child support may be reduced when an obligor (person paying child support) has additional children that the obligor is legally required to support. These children may be new biological children, or legally adopted children. Generally, Texas courts do not consider stepchildren as a factor in reducing child support.

Texas courts follow statutory guidelines in determining amount of child support. Many people are familiar with the following basic formula: 20% of net income for one child; 25% of net income for two children; 30% of net income for three children; and so on.

However, under the legal guidelines, the court also considers whether the obligor has a legal obligation to support other children, either under another child support order or because the obligor has legal custody of the child. In cases involving the children in multiple households, the court may consult the following chart from Section 154.129 of the Texas Family Code:

CHILD SUPPORT GUIDELINES

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR

 

1 child 20% of Obligor’s Net Resources

2 children 25% of Obligor’s Net Resources

3 children 30% of Obligor’s Net Resources

4 children 35% of Obligor’s Net Resources

5 children 40% of Obligor’s Net Resources

6+ children Not less than the amount for 5 children

 

Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent. See the chart below.

 

Multiple Family Adjusted Guidelines

(% of Net Resources)

Net Monthly Resources X Percentage Below = Monthly Child Support Obligation

 

 

Number of other children for whom the obligor has a duty of support

Number of Children Before the Court

 

1

2

3

4

5

6

7

0

20.00

25.00

30.00

35.00

40.00

40.00

40.00

1

17.50

22.50

27.38

32.20

37.33

37.71

38.00

2

16.00

20.63

25.20

30.33

35.43

36.00

36.44

3

14.75

19.00

24.00

29.00

34.00

34.67

35.20

4

13.60

18.33

23.14

28.00

32.89

33.60

34.18

5

13.33

17.86

22.50

27.22

32.00

32.73

33.33

6

13.14

17.50

22.00

26.60

31.27

32.00

32.62

7

13.00

17.22

21.60

26.09

30.67

31.38

32.00

The court may also consider additional factors listed in Section 154.123 of the Texas Family Code.

In order to benefit from these factors, the obligor must present evidence that rebuts the presumption that the statutory guidelines is in the best interest of the children. When a person has children in more than one household, determining child support can be complicated. A wise person will seek the professional help of an experienced family law attorney.

By Nacol Law Firm | Child Support For Fathers
DETAIL

Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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