Section 8.054 – Duration Of Maintenance Order

by | May 14, 2021 | Family Law, Texas

(a) Except as provided by Subsection (b), a court:(1) may not order maintenance that remains in effect for more than: (A) five years after the date of the order, if:(i) the spouses were married to each other for less than 10 years and the eligibility of the spouse for...

Section 8.053 – Presumption

by | May 14, 2021 | Family Law, Texas

(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...

Section 8.052 – Factors In Determining Maintenance

by | May 14, 2021 | Family Law, Texas

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 payments by considering all relevant factors, including:(1) each spouse’s ability to provide for that...

Section 8.051 – Eligibility For Maintenance

by | May 14, 2021 | Family Law, Texas

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 the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may...

Section 8.001 – Definitions

by | May 14, 2021 | Family Law, Texas

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 spouse for the support of the other spouse.(2) “Notice of application for a writ of withholding” means...