Texas House Bill HB389

Texas 2013 - 83rd Regular

Caption

Relating to the enforcement of spousal maintenance agreements and property distribution agreements incident to divorce or annulment.

Impact

The bill's amendments provide courts with the authority to enforce spousal maintenance agreements and property distribution orders by allowing for the withholding of income from the obligor's disposable earnings during non-compliance. These changes intend to enhance the financial stability of individuals relying on such maintenance after a separation while ensuring that the enforcement mechanisms are clear and just. The new provisions would apply retroactively to existing agreements and orders, ensuring a broad impact on past cases as well.

Summary

House Bill 389 addresses the enforcement of spousal maintenance and property distribution agreements that arise from divorce or annulment. The bill specifically amends provisions in the Texas Family Code to clarify how courts can handle these agreements, particularly in how defaults and non-compliance are managed. The primary thrust of the bill is to enable faster and more effective compliance procedures, aiming to reduce litigation time and improve the enforcement of spousal maintenance agreements approved by the court.

Contention

One notable point of contention surrounding HB 389 pertains to the checks and balances regarding enforcement. Critics argue that allowing courts to order income withholding could disproportionately affect obligors, potentially leading to unfair situations wherein individuals face undue financial pressure without adequate consideration of their circumstances. On the other hand, proponents of the bill emphasize the need for strict compliance and enforcement to protect the financial interests of dependents, often highlighting the challenges faced when existing orders are ignored.