Bill Text: TX HB389 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the enforcement of spousal maintenance agreements and property distribution agreements incident to divorce or annulment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB389 Detail]
Download: Texas-2013-HB389-Introduced.html
Bill Title: Relating to the enforcement of spousal maintenance agreements and property distribution agreements incident to divorce or annulment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB389 Detail]
Download: Texas-2013-HB389-Introduced.html
83R1548 JSC-F | ||
By: Thompson of Harris | H.B. No. 389 |
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relating to the enforcement of spousal maintenance agreements and | ||
property distribution agreements incident to divorce or annulment. | ||
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. [ |
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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 | ||
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greater than [ |
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this chapter. | ||
SECTION 4. Section 8.101(b), Family Code, is amended to | ||
read as follows: | ||
(b) This subchapter applies [ |
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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) [ |
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SECTION 5. Section 9.001(a), Family Code, is amended to | ||
read as follows: | ||
(a) A party affected by a decree of divorce or annulment | ||
providing for a division of property as provided by Chapter 7, | ||
including a division of property and any contractual provisions | ||
under the terms of an agreement incident to divorce or annulment | ||
under Section 7.006 that was approved by the court, may request | ||
enforcement of that decree by filing a suit to enforce as provided | ||
by this chapter in the court that rendered the decree. | ||
SECTION 6. Section 9.002, Family Code, is amended to read as | ||
follows: | ||
Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. The | ||
court that rendered the decree of divorce or annulment retains the | ||
power to enforce the property division as provided by Chapter 7, | ||
including a property division and any contractual provisions under | ||
the terms of an agreement incident to divorce or annulment under | ||
Section 7.006 that was approved by the court. | ||
SECTION 7. Sections 9.006(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) Except as provided by this subchapter and by the Texas | ||
Rules of Civil Procedure, the court may render further orders to | ||
enforce the division of property made or approved in the decree of | ||
divorce or annulment to assist in the implementation of or to | ||
clarify the prior order. | ||
(b) The court may specify more precisely the manner of | ||
effecting the property division previously made or approved if the | ||
substantive division of property is not altered or changed. | ||
SECTION 8. Section 9.009, Family Code, is amended to read as | ||
follows: | ||
Sec. 9.009. DELIVERY OF PROPERTY. To enforce the division | ||
of property made or approved in a decree of divorce or annulment, | ||
the court may make an order to deliver the specific existing | ||
property awarded, without regard to whether the property is of | ||
especial value, including an award of an existing sum of money or | ||
its equivalent. | ||
SECTION 9. (a) 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. | ||
(b) The changes in law made by this Act to Chapter 9, Family | ||
Code, apply to the enforcement of a property division and any | ||
contractual provisions under the terms of an agreement incident to | ||
divorce or annulment under Section 7.006, Family Code, that was | ||
approved by the court regardless of whether the agreement was | ||
approved or the decree of divorce or annulment was rendered before, | ||
on, or after the effective date of this Act. | ||
SECTION 10. This Act takes effect September 1, 2013. |