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