Tex. Fam. Code § 8.351-8.359

TEXAS FAMILY CODE Chapter 8, Subchapter H — MAINTENANCE QUALIFIED DOMESTIC RELATIONS ORDER CHAPTER 8 • MAINTENANCE Subchapter H: MAINTENANCE QUALIFIED DOMESTIC RELATIONS ORDER 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 relations orders or similar orders permitting payment of pension, retirement plan, or other employee benefits to an alternate payee or other lawful payee to satisfy amounts due under the maintenance order. A maintenance order includes a temporary or final order for maintenance and arrears and interest with respect to that order. (b) Unless prohibited by federal law, a suit seeking a qualified domestic relations order or similar order under this subchapter applies to a pension, retirement plan, or other employee benefit, regardless of whether the pension, retirement plan, or other employee benefit: (1) is private, state, or federal; (2) is subject to another qualified domestic relations order or similar order; (3) is property that is the subject of a pending proceeding for dissolution of a marriage; (4) is property disposed of in a previous decree for dissolution of a marriage; or (5) is the subject of an agreement under Chapter 4. (c) A court described by Subsection (a) retains jurisdiction to render a qualified domestic relations order or similar order under this subchapter until all maintenance due under the maintenance order, including arrearages and interest, has been paid. Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021. Sec. 8.352. PROCEDURE. (a) A party to a maintenance order may petition the court for a qualified domestic relat ts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021. 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 by the petition is entitled to receive notice. Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021. 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 order, including the granting of a temporary restraining order and temporary injunction, for the preservation of the pension, retirement plan, or other employee benefits and protection of the parties as the court considers necessary. (b) An order under this section is not subject to interlocutory appeal. Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021. 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 continuing jurisdiction over the parties to the extent necessary to render a qualified domestic relations order. Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 8, Subchapter H — MAINTENANCE QUALIFIED DOMESTIC RELATIONS ORDER Sec. 8.355. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER. (a Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 8, Subchapter H — MAINTENANCE QUALIFIED DOMESTIC RELATIONS ORDER 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 to provide for the collection of maintenance; (2) to convert the amount or frequency of payments under the order to a formula that is in compliance with the terms of the pension, retirement plan, or employee benefit plan; or (3) to vacate or terminate the order. (b) An amended domestic relations order or similar order under this section must be submitted to the plan administrator or other person acting in an equivalent capacity to determine whether the amended order satisfies the requirements of a qualified domestic relations order or similar order. Section 8.354 applies to an order amended under this section. Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021. 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. 3, eff. September 1, 2021. 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 administrator for the qualified domestic relations order or similar order. (b) Fees, costs, and expenses ordered under this section may be enforced by any means available for the enforcement of a judgment for debt. Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 86 der. (b) Fees, costs, and expenses ordered under this section may be enforced by any means available for the enforcement of a judgment for debt. Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021. Amended by: Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 9, eff. September 1, 2025. 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 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2