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Texas Family Code - Section 158.105. Issuance And Delivery Of Order Or Judicial Writ Of Withholding

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 158.105. Issuance And Delivery Of Order Or Judicial Writ Of Withholding

§ 158.105. ISSUANCE AND DELIVERY OF ORDER OR JUDICIAL WRIT 
OF WITHHOLDING.  (a) On filing a request for issuance of an order or 
judicial writ of withholding, the clerk of the court shall cause a 
certified copy of the order or writ to be delivered to the obligor's 
current employer or to any subsequent employer of the obligor.
	(b)  The clerk shall issue and deliver the certified copy of 
the order or judicial writ not later than the fourth working day 
after the date the order is signed or the request is filed, 
whichever is later.
	(c)  An order or judicial writ of withholding shall be 
delivered to the employer by first class mail or, if requested, by 
certified or registered mail, return receipt requested, by 
electronic transmission, including electronic mail or facsimile 
transmission, or by service of citation to:
		(1)  the person authorized to receive service of 
process for the employer in civil cases generally;  or
		(2)  a person designated by the employer, by written 
notice to the clerk, to receive orders or writs of withholding.
	(d)  The clerk may deliver an order or judicial writ of 
withholding under Subsection (c) by electronic mail if the employer 
has an electronic mail address or by facsimile transmission if the 
employer is capable of receiving documents transmitted in that 
manner.  If delivery is accomplished by electronic mail, the clerk 
must request acknowledgment of receipt from the employer or use an 
electronic mail system with a read receipt capability.  If delivery 
is accomplished by facsimile transmission, the clerk's facsimile 
machine must create a delivery confirmation report.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1997, 75th Leg., ch. 702, § 7, eff. Sept. 1, 
1997;  Acts 1999, 76th Leg., ch. 556, § 24, eff. Sept. 1, 1999;  
Acts 2001, 77th Leg., ch. 1023, § 37, eff. Sept. 1, 2001;  Acts 
2005, 79th Leg., ch. 1113, § 1, eff. Sept. 1, 2005.

Last modified: August 11, 2007