Texas Family Code - Section 158.317. Failure To Receive Notice Of Application For Judicial Writ Of Withholding
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§ 158.317. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR
JUDICIAL WRIT OF WITHHOLDING. (a) Not later than the 30th day
after the date of the first pay period following the date of
delivery of the writ of withholding to the obligor's employer, the
obligor may file an affidavit with the court that a motion to stay
was not timely filed because the notice of application for judicial
writ of withholding was not received by the obligor and that grounds
exist for a motion to stay.
(b) Concurrently with the filing of the affidavit, the
obligor may file a motion to withdraw the writ of withholding and
request a hearing on the applicability of the writ.
(c) Income withholding may not be interrupted until after
the hearing at which the court renders an order denying or modifying
withholding.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 911, § 63, eff. Sept. 1,
1997.
Section: 158.310 158.311 158.312 158.313 158.314 158.315 158.316 158.317 158.319 158.401 158.402 158.403 158.404 158.405 158.501
Last modified: August 11, 2007
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