Texas Family Code - Section 8.051. Eligibility For Maintenance; Court Order
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Texas Laws > Family Code > Texas Family Code - Section 8.051. Eligibility For Maintenance; Court Order
Section: 7.003 7.004 7.005 7.006 7.007 7.008 8.001 8.051 8.052 8.053 8.054 8.055 8.056 8.057 8.058
§ 8.051. ELIGIBILITY FOR MAINTENANCE; COURT ORDER. In a
suit for dissolution of a marriage or in a proceeding for
maintenance in a court with personal jurisdiction over both former
spouses following the dissolution of their marriage by a court that
lacked personal jurisdiction over an absent spouse, the court may
order maintenance for either spouse only if:
(1) the spouse from whom maintenance is requested was
convicted of or received deferred adjudication for a criminal
offense that also constitutes an act of family violence under Title
4 and the offense occurred:
(A) within two years before the date on which a
suit for dissolution of the marriage is filed; or
(B) while the suit is pending; or
(2) the duration of the marriage was 10 years or
longer, the spouse seeking maintenance lacks sufficient property,
including property distributed to the spouse under this code, to
provide for the spouse's minimum reasonable needs, as limited by
Section 8.054, and the spouse seeking maintenance:
(A) is unable to support himself or herself
through appropriate employment because of an incapacitating
physical or mental disability;
(B) is the custodian of a child of the marriage of
any age who requires substantial care and personal supervision
because a physical or mental disability makes it necessary, taking
into consideration the needs of the child, that the spouse not be
employed outside the home; or
(C) clearly lacks earning ability in the labor
market adequate to provide support for the spouse's minimum
reasonable needs, as limited by Section 8.054.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 6.05, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 304, § 1, eff. Sept. 1, 1999.
Renumbered from § 8.002 and amended by Acts 2001, 77th Leg., ch.
807, § 1, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 914, §
1, eff. Sept. 1, 2005.
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Last modified: August 11, 2007