Texas Family Code
§ 8.059 — ENFORCEMENT OF MAINTENANCE ORDER
FA § 8.059Title 1. THE MARRIAGE RELATIONSHIP · Part C. DISSOLUTION OF MARRIAGE · Ch. 8. MAINTENANCE · Art. B. SPOUSAL MAINTENANCE
Statute text
View on source(a)The court may enforce by contempt against the obligor:
(1)the court's maintenance order; or
(2)an agreement for periodic payments of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court. (a-1) The court may not enforce by contempt any provision of an agreed order for maintenance that exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter.
(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 comply with the terms of the order. The judgment may be enforced by any means available for the enforcement of judgment for debts, including by an order or writ of withholding and a maintenance qualified domestic relations order under Subchapter H.
(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;
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 7, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 9(3), eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 3, eff. September 1, 2013. Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 2, eff. September 1, 2021.