TITLE: Relating to spousal maintenance agreements.

SUMMARY: Relating to spousal maintenance agreements.

FULL TEXT:
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.