83R1548 JSC-F
By: Thompson of Harris H.B. No. 389
A BILL TO BE ENTITLED
AN ACT
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. [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. 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.