reglab/housing_qa huggingface dataset:
TX Fam Code § 8.053 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter B. Spousal Maintenance|Section 8.053. Presumption

Sec. 8.053.  PRESUMPTION.  (a)  It  is a rebuttable presumption that maintenance under Section 8.051(2)(B) is not warranted unless the spouse seeking maintenance has exercised diligence in:(1)  earning sufficient income to provide for the spouse's minimum reasonable needs; or(2)  developing the necessary skills to provide for the spouse's minimum reasonable needs during a period of separation and during the time the suit for dissolution of the marriage is pending.(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(1), eff. September 1, 2011.|Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.004 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 914 (H.B. 201), Sec. 2, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 2, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 9(1), eff. September 1, 2011.|
TX Fam Code § 8.054 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter B. Spousal Maintenance|Section 8.054. Duration of Maintenance Order

Sec. 8.054.  DURATION OF MAINTENANCE ORDER.  (a)  Except as provided by Subsection (b), a court:(1)  may not order maintenance that remains in effect for more than:(A)  five years after the date of the order, if:(i)  the spouses were married to each other for less than 10 years and the eligibility of the spouse for whom maintenance is ordered is established under Section 8.051(1); or(ii)  the spouses were married to each other for at least 10 years but not more than 20 years;(B)  seven years after the date of the order, if the spouses were married to each other for at least 20 years but not more than 30 years; or(C)  10 years after the date of the order, if the spouses were married to each other for 30 years or more; and(2)  shall limit the duration of a maintenance order to the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income to provide for the spouse's minimum reasonable needs, unless the ability of the spouse to provide for the spouse's minimum reasonable needs is substantially or totally diminished because of:(A)  physical or mental disability of the spouse seeking maintenance;(B)  duties as the custodian of an infant or young child of the marriage; or(C)  another compelling impediment to earning sufficient income to provide for the spouse's minimum reasonable needs.(b)  The court may order maintenance for a spouse to whom Section 8.051(2)(A) or (C) applies for as long as the spouse continues to satisfy the eligibility criteria prescribed by the applicable provision.(c)  On the request of either party or on the court's own motion, the court may order the periodic review of its order for maintenance under Subsection (b).(d)  The continuation of maintenance ordered under Subsection (b) is subject to a motion to modify as provided by Section 8.057.|Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.005 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 914 (H.B. 201), Sec. 3, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 3, eff. September 1, 2011.|
TX Fam Code § 8.055 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter B. Spousal Maintenance|Section 8.055. Amount of Maintenance

Sec. 8.055.  AMOUNT OF MAINTENANCE.  (a)  A court may not order maintenance that requires an obligor to pay monthly more than the lesser of:(1)  $5,000; or(2)  20 percent of the spouse's average monthly gross income.(a-1)  For purposes of this chapter, gross income:(1)  includes:(A)  100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);(B)  interest, dividends, and royalty income;(C)  self-employment income;(D)  net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and(E)  all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, unemployment benefits, interest income from notes regardless of the source, gifts and prizes, maintenance, and alimony; and(2)  does not include:(A)  return of principal or capital;(B)  accounts receivable;(C)  benefits paid in accordance with federal public assistance programs;(D)  benefits paid in accordance with the Temporary Assistance for Needy Families program;(E)  payments for foster care of a child;(F)  Department of Veterans Affairs service-connected disability compensation;(G)  supplemental security income (SSI), social security benefits, and disability benefits; or(H)  workers' compensation benefits. (b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.|Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.006 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1138, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 4, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 9(2), eff. September 1, 2011.|
TX Fam Code § 8.056 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter B. Spousal Maintenance|Section 8.056. Termination

Sec. 8.056.  TERMINATION.  (a)  The obligation to pay future maintenance terminates on the death of either party or on the remarriage of the obligee.(b)  After a hearing, the court shall order the termination of the maintenance obligation if the court finds that the obligee cohabits with another person with whom the obligee has a dating or romantic relationship in a permanent place of abode on a continuing basis.(c)  Termination of the maintenance obligation does not terminate the obligation to pay any maintenance that accrued before the date of termination, whether as a result of death or remarriage under Subsection (a) or a court order under Subsection (b).|Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.007 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 5, eff. September 1, 2011.|
TX Fam Code § 8.057 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter B. Spousal Maintenance|Section 8.057. Modification of Maintenance Order

Sec. 8.057.  MODIFICATION OF MAINTENANCE ORDER.  (a)  The amount of maintenance specified in a court order or the portion of a decree that provides for the maintenance of a former spouse may be modified by the filing of a motion in the court that originally rendered the order.  A party affected by the order or the portion of the decree to be modified may file the motion.(b)  Notice of a motion to modify maintenance or to establish or modify a maintenance qualified domestic relations order under Subchapter H and the response to the motion, if any, are governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.  Notice must be given by service of citation, and a response must be in the form of an answer due on or before 10 a.m. of the first Monday after 20 days after the date of service.  A court shall set a hearing on the motion in the manner provided by Rule 245, Texas Rules of Civil Procedure.(c)  After a hearing, the court may modify an original or modified order or portion of a decree providing for maintenance or a maintenance qualified domestic relations order under Subchapter H on a proper showing of a material and substantial change in circumstances that occurred after the date of the order or decree, including circumstances reflected in the factors specified in Section 8.052, relating to either party or to a child of the marriage described by Section 8.051(2)(C).  The court:(1)  shall apply the modification only to payment accruing after the filing of the motion to modify; and (2)  may not increase maintenance to an amount or duration that exceeds the amount or remaining duration of the original maintenance order.(c-1)  A party who files a motion to modify maintenance based on a material and substantial change of circumstances may not be considered on that basis alone to have admitted a material and substantial change of circumstances regarding any other matter.(d)  A loss of employment or circumstances that render a former spouse unable to provide for the spouse's minimum reasonable needs by reason of incapacitating physical or mental disability that occur after the divorce or annulment are not grounds for the institution of spousal maintenance for the benefit of the former spouse.|Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.008 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 6, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 1, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 227 (H.B. 851), Sec. 1, eff. September 1, 2021.|
TX Fam Code § 8.058 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter B. Spousal Maintenance|Section 8.058. Maintenance Arrearages

Sec. 8.058.  MAINTENANCE ARREARAGES.  A spousal maintenance payment not timely made constitutes an arrearage.|Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.|
TX Fam Code § 8.059 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter B. Spousal Maintenance|Section 8.059. Enforcement of Maintenance Order

Sec. 8.059.  ENFORCEMENT OF MAINTENANCE ORDER.  (a)  The court may enforce by contempt against the obligor:(1)  the court's maintenance order; or(2)  an agreement for periodic payments of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court.(a-1)  The court may not enforce by contempt any provision of an agreed order for maintenance that exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter.(b)  On the suit to enforce by an obligee, the court may render judgment against a defaulting party for the amount of arrearages after notice by service of citation, answer, if any, and a hearing finding that the defaulting party has failed or refused to comply with the terms of the order.  The judgment may be enforced by any means available for the enforcement of judgment for debts, including by an order or writ of withholding and a maintenance qualified domestic relations order under Subchapter H.(c)  It is an affirmative defense to an allegation of contempt of court or the violation of a condition of probation requiring payment of court-ordered maintenance that the obligor:(1)  lacked the ability to provide maintenance in the amount ordered;(2)  lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;(3)  attempted unsuccessfully to borrow the needed funds;  and(4)  did not know of a source from which the money could have been borrowed or otherwise legally obtained.(d)  The issue of the existence of an affirmative defense does not arise until pleaded.  An obligor must prove the affirmative defense by a preponderance of the evidence.(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(3), eff. September 1, 2011.|Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.009 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 7, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 9(3), eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 3, eff. September 1, 2013.Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 8.0591 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter B. Spousal Maintenance|Section 8.0591. Overpayment

Sec. 8.0591.  OVERPAYMENT.  (a)  If an obligor is not in arrears on the obligor's maintenance obligation and the obligor's maintenance obligation has terminated, the obligee must return to the obligor any maintenance payment made by the obligor that exceeds the amount of maintenance ordered or approved by the court, regardless of whether the payment was made before, on, or after the date the maintenance obligation terminated.(b)  An obligor may file a suit to recover overpaid maintenance under Subsection (a).  If the court finds that the obligee failed to return overpaid maintenance under Subsection (a), the court shall order the obligee to pay the obligor's attorney's fees and all court costs in addition to the amount of the overpaid maintenance.  For good cause shown, the court may waive the requirement that the obligee pay attorney's fees and court costs if the court states in its order the reasons supporting that finding.|Added by Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 8, eff. September 1, 2011.|
TX Fam Code § 8.060 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter B. Spousal Maintenance|Section 8.060. Putative Spouse

Sec. 8.060.  PUTATIVE SPOUSE.  In a suit to declare a marriage void, a putative spouse who did not have knowledge of an existing impediment to a valid marriage may be awarded maintenance if otherwise qualified to receive maintenance under this chapter.|Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.010 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.|
TX Fam Code § 8.061 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter B. Spousal Maintenance|Section 8.061. Unmarried Cohabitants

Sec. 8.061.  UNMARRIED COHABITANTS.  An order for maintenance is not authorized between unmarried cohabitants under any circumstances.|Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.011 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.|
TX Fam Code § 8.062 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter B. Spousal Maintenance|Section 8.062. Place of Payment

Sec. 8.062.  PLACE OF PAYMENT.  If an obligor is ordered to pay an obligee maintenance under this chapter and child support under Chapter 154, the court shall order the payment of maintenance to the state disbursement unit as provided by Chapter 234.|Added by Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 1, eff. September 1, 2021.|
TX Fam Code § 8.101 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter C. Income Withholding|Section 8.101. Income Withholding; General Rule

Sec. 8.101.  INCOME WITHHOLDING;  GENERAL RULE.  (a)  In a proceeding in which periodic payments of spousal maintenance are ordered, modified, or enforced, the court may order that income be withheld from the disposable earnings of the obligor as provided by this chapter.(a-1)  The court may order that income be withheld from the disposable earnings of the obligor in a proceeding in which there is an agreement for periodic payments of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court.(a-2)  The court may not order that income be withheld from the disposable earnings of the obligor to the extent that any provision of an agreed order for maintenance exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter.(b)  This subchapter does not apply to contractual alimony or spousal maintenance, 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.(c)  An order or writ of withholding for spousal maintenance may be combined with an order or writ of withholding for child support only if the obligee has been appointed managing conservator of the child for whom the child support is owed and is the conservator with whom the child primarily resides.(d)  An order or writ of withholding that combines withholding for spousal maintenance and child support must:(1)  require that the withheld amounts be paid to the appropriate place of payment under Section 154.004;(2)  be in the form prescribed by the Title IV-D agency under Section 158.106;(3)  clearly indicate the amounts withheld that are to be applied to current spousal maintenance and to any maintenance arrearages;  and(4)  subject to the maximum withholding allowed under Section 8.106, order that withheld income be applied in the following order of priority:(A)  current child support;(B)  current spousal maintenance;(C)  child support arrearages;  and(D)  spousal maintenance arrearages.(e)  Garnishment for the purposes of spousal maintenance does not apply to unemployment insurance benefit payments.|Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 4, eff. September 1, 2013.|
TX Fam Code § 8.102 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter C. Income Withholding|Section 8.102. Withholding for Arrearages in Addition to Current Spousal Maintenance

Sec. 8.102.  WITHHOLDING FOR ARREARAGES IN ADDITION TO CURRENT SPOUSAL MAINTENANCE.  (a)  The court may order that, in addition to income withheld for current spousal maintenance, income be withheld from the disposable earnings of the obligor to be applied toward the liquidation of any arrearages.(b)  The additional amount withheld to be applied toward arrearages must be whichever of the following amounts will discharge the arrearages in the least amount of time:(1)  an amount sufficient to discharge the arrearages in not more than two years;  or(2)  20 percent of the amount withheld for current maintenance.|Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.|
TX Fam Code § 8.103 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter C. Income Withholding|Section 8.103. Withholding for Arrearages When Current Maintenance Is Not Due

Sec. 8.103.  WITHHOLDING FOR ARREARAGES WHEN CURRENT MAINTENANCE IS NOT DUE.  A court may order income withholding to be applied toward arrearages in an amount sufficient to discharge those arrearages in not more than two years if current spousal maintenance is no longer owed.|Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.|
TX Fam Code § 8.104 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter C. Income Withholding|Section 8.104. Withholding to Satisfy Judgment for Arrearages

Sec. 8.104.  WITHHOLDING TO SATISFY JUDGMENT FOR ARREARAGES.  The court, in rendering a cumulative judgment for arrearages, may order that a reasonable amount of income be withheld from the disposable earnings of the obligor to be applied toward the satisfaction of the judgment.|Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.|
TX Fam Code § 8.105 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter C. Income Withholding|Section 8.105. Priority of Withholding

Sec. 8.105.  PRIORITY OF WITHHOLDING.  An order or writ of withholding under this chapter has priority over any garnishment, attachment, execution, or other order affecting disposable earnings, except for an order or writ of withholding for child support under Chapter 158.|Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.|
TX Fam Code § 8.106 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter C. Income Withholding|Section 8.106. Maximum Amount Withheld From Earnings

Sec. 8.106.  MAXIMUM AMOUNT WITHHELD FROM EARNINGS.  An order or writ of withholding must direct that an obligor's employer withhold from the obligor's disposable earnings the lesser of:(1)  the amount specified in the order or writ;  or(2)  an amount that, when added to the amount of income being withheld by the employer for child support, is equal to 50 percent of the obligor's disposable earnings.|Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.|
TX Fam Code § 8.107 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter C. Income Withholding|Section 8.107. Order or Writ Binding on Employer Doing Business in This State

Sec. 8.107.  ORDER OR WRIT BINDING ON EMPLOYER DOING BUSINESS IN THIS STATE.  An order or writ of withholding issued under this chapter and delivered to an employer doing business in this state is binding on the employer without regard to whether the obligor resides or works outside this state.|Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.|
TX Fam Code § 8.108 (2021)
2021 Texas Statutes|Family Code|Title 1 - The Marriage Relationship|Subtitle C - Dissolution of Marriage|Chapter 8 - Maintenance|Subchapter C. Income Withholding|Section 8.108. Voluntary Writ of Withholding by Obligor

Sec. 8.108.  VOLUNTARY WRIT OF WITHHOLDING BY OBLIGOR.  (a)  An obligor may file with the clerk of the court a notarized or acknowledged request signed by the obligor and the obligee for the issuance and delivery to the obligor's employer of a writ of withholding.  The obligor may file the request under this section regardless of whether a writ or order has been served on any party or whether the obligor owes arrearages.(b)  On receipt of a request under this section, the clerk shall issue and deliver a writ of withholding in the manner provided by this subchapter.(c)  An employer who receives a writ of withholding issued under this section may request a hearing in the same manner and according to the same terms provided by Section 8.205.(d)  An obligor whose employer receives a writ of withholding issued under this section may request a hearing in the manner provided by Section 8. 258.(e)  An obligee may contest a writ of income withholding issued under this section by requesting, not later than the 180th day after the date on which the obligee discovers that the writ was issued, a hearing to be conducted in the manner provided by Section 8.258 for a hearing on a motion to stay.(f)  A writ of withholding under this section may not reduce the total amount of spousal maintenance, including arrearages, owed by the obligor.|Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.|