83R15182 JSC-D
By: Thompson of Harris H.B. No. 389
Substitute the following for H.B. No. 389:
By: Hernandez Luna C.S.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. SPOUSAL [COURT-ORDERED] MAINTENANCE
SECTION 2. The heading to Section 8.051, Family Code, is
amended to read as follows:
Sec. 8.051. ELIGIBILITY FOR MAINTENANCE[; COURT ORDER].
SECTION 3. Section 8.059, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The court may enforce by contempt against the obligor:
(1) the court's maintenance order; or
(2) an agreement for periodic payments [the payment]
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.
SECTION 4. Section 8.101, Family Code, is amended by adding
Subsections (a-1) and (a-2) to read as follows:
(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.
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.