Tex. Fam. Code Section 8.051
Eligibility for Maintenance


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 order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on dissolution of the marriage to provide for the spouse’s minimum reasonable needs and:

(1)

the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004 (Family Violence), committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:

(A)

within two years before the date on which a suit for dissolution of the marriage is filed; or

(B)

while the suit is pending; or

(2)

the spouse seeking maintenance:

(A)

is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;

(B)

has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or

(C)

is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.05, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 304, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 8.002 and amended 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. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 2, eff. September 1, 2013.

Source: Section 8.051 — Eligibility for Maintenance, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­8.­htm#8.­051 (accessed May 25, 2024).

8.001
Definitions
8.051
Eligibility for Maintenance
8.052
Factors in Determining Maintenance
8.053
Presumption
8.054
Duration of Maintenance Order
8.055
Amount of Maintenance
8.056
Termination
8.057
Modification of Maintenance Order
8.058
Maintenance Arrearages
8.059
Enforcement of Maintenance Order
8.060
Putative Spouse
8.061
Unmarried Cohabitants
8.062
Place of Payment
8.101
Income Withholding
8.102
Withholding for Arrearages in Addition to Current Spousal Maintenance
8.103
Withholding for Arrearages When Current Maintenance Is Not Due
8.104
Withholding to Satisfy Judgment for Arrearages
8.105
Priority of Withholding
8.106
Maximum Amount Withheld from Earnings
8.107
Order or Writ Binding on Employer Doing Business in This State
8.108
Voluntary Writ of Withholding by Obligor
8.151
Time Limit
8.152
Contents of Order of Withholding
8.153
Request for Issuance of Order or Writ of Withholding
8.154
Issuance and Delivery of Order or Writ of Withholding
8.201
Order or Writ Binding on Employer
8.202
Effective Date and Duration of Income Withholding
8.203
Remitting Withheld Payments
8.204
Employer May Deduct Fee from Earnings
8.205
Hearing Requested by Employer
8.206
Liability and Obligation of Employer for Payments
8.207
Employer Receiving Multiple Orders or Writs
8.208
Employer’s Liability for Discriminatory Hiring or Discharge
8.209
Penalty for Noncompliance
8.210
Notice of Termination of Employment and of New Employment
8.251
Notice of Application for Writ of Withholding
8.252
Contents of Notice of Application for Writ of Withholding
8.253
Interstate Request for Withholding
8.254
Additional Arrearages
8.255
Delivery of Notice of Application for Writ of Withholding
8.256
Motion to Stay Issuance of Writ of Withholding
8.257
Effect of Filing Motion to Stay
8.258
Hearing on Motion to Stay
8.259
Special Exceptions
8.260
Writ of Withholding After Arrearages Are Paid
8.261
Request for Issuance and Delivery of Writ of Withholding
8.262
Issuance and Delivery of Writ of Withholding
8.263
Contents of Writ of Withholding
8.264
Extension of Repayment Schedule by Party
8.265
Remittance of Amount to Be Withheld
8.266
Failure to Receive Notice of Application for Writ of Withholding
8.267
Issuance and Delivery of Writ of Withholding to Subsequent Employer
8.301
Agreement by Parties Regarding Amount or Duration of Withholding
8.302
Modifications to or Termination of Withholding in Voluntary Withholding Cases
8.303
Termination of Withholding in Mandatory Withholding Cases
8.304
Delivery of Order of Reduction or Termination of Withholding
8.305
Liability of Employers
8.351
Jurisdiction for Qualified Domestic Relations Order
8.352
Procedure
8.353
Temporary Orders
8.354
Defective Prior Domestic Relations Order
8.355
Amendment of Qualified Domestic Relations Order
8.356
Liberal Construction
8.357
Attorney’s Fees and Costs
8.358
Direct Payment
8.359
Conflicts with Other Law
8.0591
Overpayment

Accessed:
May 25, 2024

§ 8.051’s source at texas​.gov