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Texas Family Code - Chapter 8 MaintenanceLegal Research Home > Texas Lawyer > Family Code > Texas Family Code - Chapter 8 Maintenance In this chapter: (1) "Maintenance" means an award in a suit for dissolution of a marriage of periodic payments from the future income of one ... 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 ... A court that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic ... (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 ... (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 ... (a) A court may not order maintenance that requires an obligor to pay monthly more than the lesser of: (1) $2,500; or (2) 20 percent ... (a) The obligation to pay future maintenance terminates on the death of either party or on the remarriage of the obligee. (b) After a hearing, ... (a) The amount of maintenance specified in a court order or the portion of a decree that provides for the support of a former spouse ... A spousal maintenance payment not timely made constitutes an arrearage. Added by Acts 2001, 77th Leg., ch. 807, § 1, eff. Sept. 1, 2001. ... (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 ... In a suit to declare a marriage void, a putative spouse who did not have knowledge of an existing impediment to a valid marriage may ... An order for maintenance is not authorized between unmarried cohabitants under any circumstances. Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April ... (a) In a proceeding in which periodic payments of spousal maintenance are ordered, modified, or enforced, the court may order that income be withheld from ... (a) The court may order that, in addition to income withheld for current spousal maintenance, income be withheld from the disposable earnings of the obligor ... A court may order income withholding to be applied toward arrearages in an amount sufficient to discharge those arrearages in not more than two years ... The court, in rendering a cumulative judgment for arrearages, may order that a reasonable amount of income be withheld from the disposable earnings of the ... An order or writ of withholding under this chapter has priority over any garnishment, attachment, execution, or other order affecting disposable earnings, except for an ... An order or writ of withholding must direct that an obligor's employer withhold from the obligor's disposable earnings the lesser of: (1) the amount specified ... An order or writ of withholding issued under this chapter and delivered to an employer doing business in this state is binding on the employer ... (a) An obligor may file with the clerk of the court a notarized or acknowledged request signed by the obligor and the obligee for the ... The court may issue an order or writ for withholding under this chapter at any time before all spousal maintenance and arrearages are paid. Added ... (a) An order of withholding must state: (1) the style, cause number, and court having jurisdiction to enforce the order; (2) the name, address, and, ... An obligor or obligee may file with the clerk of the court a request for issuance of an order or writ of withholding. Added by ... (a) On receipt of a request for issuance of an order or writ of withholding, the clerk of the court shall deliver a certified copy ... (a) An employer required to withhold income from earnings under this chapter is not entitled to notice of the proceedings before the order of withholding ... An employer shall begin to withhold income in accordance with an order or writ of withholding not later than the first pay period after the ... (a) The employer shall remit to the person or office named in the order or writ of withholding the amount of income withheld from an ... An employer may deduct an administrative fee of not more than $5 each month from the obligor's disposable earnings in addition to the amount withheld ... (a) Not later than the 20th day after the date an order or writ of withholding is delivered to an employer, the employer may file ... (a) An employer who complies with an order or writ of withholding under this chapter is not liable to the obligor for the amount of ... (a) An employer who receives more than one order or writ of withholding to withhold income from the same obligor shall withhold the combined amounts ... (a) An employer may not use an order or writ of withholding as grounds in whole or part for the termination of employment of, or ... (a) In addition to the civil remedies provided by this subchapter or any other remedy provided by law, an employer who knowingly violates this chapter ... (a) An obligor who terminates employment with an employer who has been withholding income and the obligor's employer shall each notify the court and the ... (a) An obligor or obligee may file a notice of application for a writ of withholding if income withholding was not ordered at the time ... The notice of application for a writ of withholding must be verified and: (1) state the amount of monthly maintenance due, including the amount of ... (a) The registration of a foreign order that provides for spousal maintenance or alimony as provided in Chapter 159 is sufficient for filing a notice ... If the notice of application for a writ of withholding states that the obligor has failed to pay more than one spousal maintenance payment according ... (a) The party who files a notice of application for a writ of withholding shall deliver the notice to the obligor by: (1) first-class or ... (a) The obligor may stay issuance of a writ of withholding by filing a motion to stay with the clerk of the court not later ... If the obligor files a motion to stay as provided by Section 8.256, the clerk of the court may not deliver the writ of withholding ... (a) If the obligor files a motion to stay as provided by Section 8.256, the court shall set a hearing on the motion and the ... (a) A defect in a notice of application for a writ of withholding is waived unless the respondent specially excepts in writing and cites with ... (a) The court may not refuse to order withholding solely on the basis that the obligor paid the arrearages after the obligor received the notice ... (a) If a notice of application for a writ of withholding is delivered and the obligor does not file a motion to stay within the ... The clerk of the court shall, on the filing of a request for issuance of a writ of withholding, issue and deliver the writ as ... A writ of withholding must direct that an obligor's employer or a subsequent employer withhold from the obligor's disposable earnings an amount for current spousal ... A party who files a notice of application for a writ of withholding and who determines that the schedule for repaying arrearages would cause unreasonable ... The obligor's employer shall remit the amount withheld to the person or office named in the writ on each pay date and shall include with ... (a) Not later than the 30th day after the date of the first pay period after the date the obligor's employer receives a writ of ... (a) After the clerk of the court issues a writ of withholding, a party authorized to file a notice of application for a writ of ... (a) An obligor and obligee may agree to reduce or terminate income withholding for spousal maintenance on the occurrence of any contingency stated in the ... (a) If an obligor initiates voluntary withholding under Section 8.108, the obligee may file with the clerk of the court a notarized request signed by ... (a) An obligor for whom withholding for maintenance owed or withholding for maintenance and child support owed is mandatory may file a motion to terminate ... Any person may deliver to the obligor's employer a certified copy of an order that reduces the amount of spousal maintenance to be withheld or ... The provisions of this chapter regarding the liability of employers for withholding apply to an order that reduces or terminates withholding. Added by Acts 2001, ... Last modified: August 10, 2007 |