Title FA, Family Code

Sec. 8.301. AGREEMENT BY PARTIES REGARDING AMOUNT OR DURATION OF WITHHOLDING. (a) An obligor and obligee may agree to reduce or terminate income withholding for spousal maintenance on the occurrence of any contingency stated in the order. (b) The obligor and obligee may file a no…

Sec. 8.302. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING IN VOLUNTARY WITHHOLDING CASES. (a) If an obligor initiates voluntary withholding under Section 8.108, the obligee may file with the clerk of the court a notarized request signed by the obligor and the obligee for the iss…

Sec. 8.303. TERMINATION OF WITHHOLDING IN MANDATORY WITHHOLDING CASES. (a) An obligor for whom withholding for maintenance owed or withholding for maintenance and child support owed is mandatory may file a motion to terminate withholding. On a showing by the obligor that the obli…

Sec. 8.304. DELIVERY OF ORDER OF REDUCTION OR TERMINATION OF WITHHOLDING. Any person may deliver to the obligor's employer a certified copy of an order that reduces the amount of spousal maintenance to be withheld or terminates the withholding. Added by Acts 2001, 77th Leg., ch. …

Sec. 8.305. LIABILITY OF EMPLOYERS. The provisions of this chapter regarding the liability of employers for withholding apply to an order that reduces or terminates withholding. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. SUBCHAPTER H. MAINTENANCE QUALIFIE…

Sec. 8.351. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER. (a) The court that rendered an order for the payment of maintenance, or the court that obtains jurisdiction to enforce a maintenance order, has continuing jurisdiction to render enforceable qualified domestic relati…

Sec. 8.352. PROCEDURE. (a) A party to a maintenance order may petition the court for a qualified domestic relations order or similar order in an original suit or in an action for enforcement of the maintenance order under this chapter. (b) Each party whose rights may be affected …

Sec. 8.353. TEMPORARY ORDERS. (a) While a suit for a qualified domestic relations order or similar order is pending or during an appeal of an enforcement order, and on the motion of a party or on the court's own motion after notice and hearing, the court may render an appropriate…

Sec. 8.354. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a plan administrator or other person acting in an equivalent capacity determines that a domestic relations order does not satisfy the requirements of a qualified domestic relations order or similar order, the court retains …

Sec. 8.355. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER. (a) A court that renders a qualified domestic relations order or similar order retains continuing jurisdiction: (1) to amend the order to correct the order, clarify the terms of the order, or add language to the order t…

Sec. 8.356. LIBERAL CONSTRUCTION. The court shall liberally construe this subchapter to effect payment of pension, retirement plan, or other employee benefits for the satisfaction of the obligor's maintenance obligation. Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec…

Sec. 8.357. ATTORNEY'S FEES, COURT COSTS, AND EXPENSES. (a) In a proceeding under this subchapter, the court may order the obligor to pay reasonable and necessary attorney's fees, court costs, and expenses incurred by a party to obtain the order and all fees charged by a plan adm…

Sec. 8.358. DIRECT PAYMENT. Payments under a qualified domestic relations order under this subchapter may be made by direct payment or other method ordered by the court. Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021.

Sec. 8.359. CONFLICTS WITH OTHER LAW. (a) To the extent of a conflict between this subchapter and Chapter 804, Government Code, Chapter 804, Government Code, prevails. (b) To the extent of a conflict between this subchapter and federal law, the federal law prevails. Added by Acts…