Texas Family Code § 8.053 Presumption

Sec. 8.053. PRESUMPTION. (a) It is a rebuttable presumption that maintenance under Section 8.051(2)(B) is not warranted unless the spouse seeking maintenance has exercised diligence in:

(1) earning sufficient income to provide for the spouse's minimum reasonable needs; or

(2) developing the necessary skills to provide for the spouse's minimum reasonable needs during a period of separation and during the time the suit for dissolution of the marriage is pending.

(b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(1), eff. September 1, 2011.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Renumbered from Sec. 8.004 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 914 (H.B. 201), Sec. 2, eff. September 1, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 2, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 9(1), eff. September 1, 2011.

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Last modified: September 28, 2016