Texas 2013 - 83rd Regular

Texas Senate Bill SB1260

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The amendments introduced by SB1260 are expected to facilitate a clearer process for enforcing spousal maintenance and property distribution agreements. This may lead to quicker resolutions in family law cases, reducing disputes related to the enforcement of such agreements. Ensuring that courts have continued authority over previously decreed property divisions strengthens the enforcement framework, potentially increasing compliance among obligors. By affirmatively addressing the authority of courts, SB1260 aims to improve clarity and consistency in family law adjudications.

Summary

SB1260 relates to the enforcement of spousal maintenance agreements and property distribution agreements that are finalized during divorce or annulment proceedings. The bill amends several sections of the Family Code, specifically Subchapter B and Chapter 9, to strengthen the court's authority in enforcing these agreements. Changes made include specifying that courts may enforce maintenance obligations and property distributions by contempt orders, ensuring that agreements, once approved by the court, carry a weightier legal backing for enforcement purposes.

Sentiment

General sentiment around SB1260 appears to be supportive from legal professionals advocating for clearer enforcement mechanisms in spousal support and property division. However, there may be concerns raised by some legal advocates regarding the potential for misuse of enforcement powers, such as unintended burdens on individuals unable to meet maintenance obligations. Overall, the sentiment seems to reflect a desire for more robust enforcement of family law provisions, which are often fraught with disputes and inconsistencies.

Contention

Noteworthy points of contention may arise from the application's scope of enforcement powers granted to the courts. While supporters commend the legislative effort to streamline enforcement, critics may argue that it could lead to overly aggressive enforcement practices that overlook financial realities for some affected individuals. As with many family law measures, the balance between ensuring compliance and affording individuals the ability to adapt to life changes post-divorce is delicate, and the full implications of these legal changes will likely be scrutinized as the bill is implemented.

Companion Bills

TX HB389

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

Similar Bills

HI SB2861

Relating To Exclusive Listing Agreements.

CA SB580

Attorney General: immigration enforcement policies.

CA SB1373

Surplus land disposal.

MS HB1273

Rental Purchase Agreements; establish certain rights and duties specific to agreements for a conveyance of real property.

AZ SB1218

Exclusive agreements; residential property sales

CA SB1414

Surplus land disposal.

TX HB3230

Relating to the authority of a property owner to contest the unequal appraisal for ad valorem tax purposes of property that is subject to an agreement to provide certain relief from ad valorem taxation.

TX HB3254

Relating to the creation of renewable energy reinvestment zones and the abatement of ad valorem taxes on property of a renewable energy company located in such a zone.