Texas Family Code - Section 8.053. Presumption
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§ 8.053. PRESUMPTION. (a) Except as provided by
Subsection (b), it is presumed that maintenance under Section
8.051(2) is not warranted unless the spouse seeking maintenance has
exercised diligence in:
(1) seeking suitable employment; or
(2) developing the necessary skills to become
self-supporting during a period of separation and during the time
the suit for dissolution of the marriage is pending.
(b) This section does not apply to a spouse who is not able
to satisfy the presumption in Subsection (a) because the spouse:
(1) has an incapacitating physical or mental
disability; or
(2) 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.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Renumbered from § 8.004 by Acts 2001, 77th Leg., ch. 807, § 1,
eff. Sept. 1, 2001. Amended by Acts 2005, 79th Leg., ch. 914, §
2, eff. Sept. 1, 2005.
Section: 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 8.059 8.060
Last modified: August 11, 2007
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