Bill Text: TX HB387 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to spousal maintenance agreements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-04 - Left pending in committee [HB387 Detail]

Download: Texas-2013-HB387-Introduced.html

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83R1547 JSC-F
By: Thompson of Harris H.B. No. 387

A BILL TO BE ENTITLED
AN ACT
relating to spousal maintenance agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter B, Chapter 8, Family
Code, is amended to read as follows:
SUBCHAPTER B. [COURT-ORDERED] MAINTENANCE ORDERED OR
APPROVED BY COURT
SECTION 2. The heading to Section 8.059, Family Code, is
amended to read as follows:
Sec. 8.059. ENFORCEMENT OF MAINTENANCE ORDER; LIMITED
ENFORCEMENT OF MAINTENANCE AGREEMENT.
SECTION 3. Section 8.059(a), Family Code, is amended to
read as follows:
(a) The court may enforce by contempt against the obligor
the court's maintenance order or an agreement for the payment of
maintenance under the terms of this chapter voluntarily entered
into between the parties and approved by the court, except that the
[. The] court may not enforce payment of [by contempt any provision
of an agreed order for] maintenance for a [any period of maintenance
beyond the] period longer than or in an amount of periodic support
greater than [of maintenance] the court could have ordered under
this chapter.
SECTION 4. Section 8.101(b), Family Code, is amended to
read as follows:
(b) This subchapter applies [does not apply] to contractual
alimony or spousal maintenance, including an agreement for the
payment of maintenance under the terms of this chapter voluntarily
entered into between the parties and approved by the court, subject
to the limits on the court's authority to enforce the agreement
under Section 8.059(a) [regardless of whether the alimony or
maintenance is taxable, unless:
[(1) the contract specifically permits income
withholding; or
[(2) the alimony or maintenance payments are not
timely made under the terms of the contract].
SECTION 5. The changes in law made by this Act to Chapter 8,
Family Code, apply to an order for maintenance or a maintenance
agreement under Subchapter B, Chapter 8, Family Code, regardless of
whether the order was rendered or the agreement was approved
before, on, or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2013.