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AN ACT
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relating to the enforcement of spousal maintenance agreements and |
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property distribution agreements incident to divorce or annulment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter B, Chapter 8, Family |
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Code, is amended to read as follows: |
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SUBCHAPTER B. SPOUSAL [COURT-ORDERED] MAINTENANCE |
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SECTION 2. The heading to Section 8.051, Family Code, is |
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amended to read as follows: |
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Sec. 8.051. ELIGIBILITY FOR MAINTENANCE[; COURT ORDER]. |
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SECTION 3. Section 8.059, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The court may enforce by contempt against the obligor: |
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(1) the court's maintenance order; or |
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(2) an agreement for periodic payments [the payment] |
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of spousal maintenance under the terms of this chapter voluntarily |
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entered into between the parties and approved by the court. |
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(a-1) The court may not enforce by contempt any provision of |
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an agreed order for maintenance that exceeds the amount of periodic |
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support the court could have ordered under this chapter or for any |
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period of maintenance beyond the period of maintenance the court |
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could have ordered under this chapter. |
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SECTION 4. Section 8.101, Family Code, is amended by adding |
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Subsections (a-1) and (a-2) to read as follows: |
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(a-1) The court may order that income be withheld from the |
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disposable earnings of the obligor in a proceeding in which there is |
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an agreement for periodic payments of spousal maintenance under the |
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terms of this chapter voluntarily entered into between the parties |
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and approved by the court. |
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(a-2) The court may not order that income be withheld from |
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the disposable earnings of the obligor to the extent that any |
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provision of an agreed order for maintenance exceeds the amount of |
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periodic support the court could have ordered under this chapter or |
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for any period of maintenance beyond the period of maintenance the |
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court could have ordered under this chapter. |
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SECTION 5. Section 9.001(a), Family Code, is amended to |
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read as follows: |
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(a) A party affected by a decree of divorce or annulment |
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providing for a division of property as provided by Chapter 7, |
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including a division of property and any contractual provisions |
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under the terms of an agreement incident to divorce or annulment |
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under Section 7.006 that was approved by the court, may request |
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enforcement of that decree by filing a suit to enforce as provided |
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by this chapter in the court that rendered the decree. |
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SECTION 6. Section 9.002, Family Code, is amended to read as |
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follows: |
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Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. The |
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court that rendered the decree of divorce or annulment retains the |
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power to enforce the property division as provided by Chapter 7, |
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including a property division and any contractual provisions under |
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the terms of an agreement incident to divorce or annulment under |
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Section 7.006 that was approved by the court. |
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SECTION 7. Sections 9.006(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) Except as provided by this subchapter and by the Texas |
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Rules of Civil Procedure, the court may render further orders to |
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enforce the division of property made or approved in the decree of |
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divorce or annulment to assist in the implementation of or to |
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clarify the prior order. |
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(b) The court may specify more precisely the manner of |
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effecting the property division previously made or approved if the |
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substantive division of property is not altered or changed. |
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SECTION 8. Section 9.009, Family Code, is amended to read as |
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follows: |
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Sec. 9.009. DELIVERY OF PROPERTY. To enforce the division |
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of property made or approved in a decree of divorce or annulment, |
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the court may make an order to deliver the specific existing |
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property awarded, without regard to whether the property is of |
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especial value, including an award of an existing sum of money or |
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its equivalent. |
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SECTION 9. (a) The changes in law made by this Act to |
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Chapter 8, Family Code, apply to an order for maintenance or a |
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maintenance agreement under Subchapter B, Chapter 8, Family Code, |
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regardless of whether the order was rendered or the agreement was |
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approved before, on, or after the effective date of this Act. |
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(b) The changes in law made by this Act to Chapter 9, Family |
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Code, apply to the enforcement of a property division and any |
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contractual provisions under the terms of an agreement incident to |
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divorce or annulment under Section 7.006, Family Code, that was |
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approved by the court regardless of whether the agreement was |
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approved or the decree of divorce or annulment was rendered before, |
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on, or after the effective date of this Act. |
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SECTION 10. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 389 was passed by the House on April |
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11, 2013, by the following vote: Yeas 142, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 389 was passed by the Senate on May |
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15, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |