Section 8.0591 – Overpayment

by | May 14, 2021 | Family Law, Texas

(a) If an obligor is not in arrears on the obligor’s maintenance obligation and the obligor’s maintenance obligation has terminated, the obligee must return to the obligor any maintenance payment made by the obligor that exceeds the amount of maintenance...

Section 8.059 – Enforcement Of Maintenance Order

by | May 14, 2021 | Family Law, Texas

(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....

Section 8.057 – Modification Of Maintenance Order

by | May 14, 2021 | Family Law, Texas

(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 may be reduced by the filing of a motion in the court that originally rendered the order. A party affected by the order or the portion...

Section 8.056 – Termination

by | May 14, 2021 | Family Law, Texas

(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, the court shall order the termination of the maintenance obligation if the court finds that the obligee cohabits with another...

Section 8.055 – Amount Of Maintenance

by | May 14, 2021 | Family Law, Texas

(a) A court may not order maintenance that requires an obligor to pay monthly more than the lesser of: (1) $5,000; or(2) 20 percent of the spouse’s average monthly gross income.(a-1) For purposes of this chapter, gross income:(1) includes: (A) 100 percent of all...