Texas Family Code - Section 8.059. Enforcement Of Maintenance Order
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§ 8.059. ENFORCEMENT OF MAINTENANCE ORDER. (a) The court
may enforce by contempt the court's maintenance order or an
agreement for the payment of maintenance voluntarily entered into
between the parties and approved by the court.
(b) On the suit to enforce by an obligee, the court may
render judgment against a defaulting party for the amount of
arrearages after notice by service of citation, answer, if any, and
a hearing finding that the defaulting party has failed or refused to
carry out the terms of the order. The judgment may be enforced by
any means available for the enforcement of judgment for debts.
(c) It is an affirmative defense to an allegation of
contempt of court or the violation of a condition of probation
requiring payment of court-ordered maintenance that the obligor:
(1) lacked the ability to provide maintenance in the
amount ordered;
(2) lacked property that could be sold, mortgaged, or
otherwise pledged to raise the funds needed;
(3) attempted unsuccessfully to borrow the needed
funds; and
(4) did not know of a source from which the money could
have been borrowed or otherwise legally obtained.
(d) The issue of the existence of an affirmative defense
does not arise unless evidence is admitted supporting the defense.
If the issue of the existence of an affirmative defense arises, an
obligor must prove the affirmative defense by a preponderance of
the evidence.
(e) A court may enforce an order for spousal maintenance
under this chapter by ordering garnishment of the obligor's wages
or by any other means available under this section.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Renumbered from § 8.009 and amended by Acts 2001, 77th Leg., ch.
807, § 1, eff. Sept. 1, 2001.
Section: 8.052 8.053 8.054 8.055 8.056 8.057 8.058 8.059 8.060 8.061 8.101 8.102 8.103 8.104 8.105
Last modified: August 11, 2007
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