Texas Family Code - Section 8.054. Duration Of Maintenance Order
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§ 8.054. DURATION OF MAINTENANCE ORDER. (a) Except as
provided by Subsection (b), a court:
(1) may not order maintenance that remains in effect
for more than three years after the date of the order; and
(2) shall limit the duration of a maintenance order to
the shortest reasonable period that allows the spouse seeking
maintenance to meet the spouse's minimum reasonable needs by
obtaining appropriate employment or developing an appropriate
skill, unless the ability of the spouse to provide for the spouse's
minimum reasonable needs through employment is substantially or
totally diminished because of:
(A) physical or mental disability;
(B) duties as the custodian of an infant or young
child; or
(C) another compelling impediment to gainful
employment.
(b) If a spouse seeking maintenance is unable to support
himself or herself through appropriate employment because the
spouse has an incapacitating physical or mental disability or
because the spouse is the custodian of a child of the marriage of
any age who has a physical or mental disability, the court may order
maintenance for as long as the disability continues. The court may
order periodic review of its order, on the request of either party
or on its own motion, to determine whether the disability continues
to render the spouse unable to support himself or herself through
appropriate employment. The continuation of spousal maintenance
under these circumstances is subject to a motion to modify as
provided by Section 8.057.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Renumbered from § 8.005 and amended by Acts 2001, 77th Leg., ch.
807, § 1, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 914, §
3, eff. Sept. 1, 2005.
Section: 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 8.061
Last modified: August 11, 2007
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