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Texas Family Code - Section 8.101. Income Withholding; General Rule

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 8.101. Income Withholding; General Rule

§ 8.101. INCOME WITHHOLDING;  GENERAL RULE.  (a) In a 
proceeding in which periodic payments of spousal maintenance are 
ordered, modified, or enforced, the court may order that income be 
withheld from the disposable earnings of the obligor as provided by 
this chapter.
	(b)  This subchapter does not apply to contractual alimony or 
spousal maintenance, regardless of whether the alimony or 
maintenance is taxable, unless:
		(1)  the contract specifically permits income 
withholding;  or              
		(2)  the alimony or maintenance payments are not timely 
made under the terms of the contract.
	(c)  An order or writ of withholding for spousal maintenance 
may be combined with an order or writ of withholding for child 
support only if the obligee has been appointed managing conservator 
of the child for whom the child support is owed and is the 
conservator with whom the child primarily resides.
	(d)  An order or writ of withholding that combines 
withholding for spousal maintenance and child support must:
		(1)  require that the withheld amounts be paid to the 
appropriate place of payment under Section 154.004;
		(2)  be in the form prescribed by the Title IV-D agency 
under Section 158.106;
		(3)  clearly indicate the amounts withheld that are to 
be applied to current spousal maintenance and to any maintenance 
arrearages;  and
		(4)  subject to the maximum withholding allowed under 
Section 8.106, order that withheld income be applied in the 
following order of priority:
			(A)  current child support;                                                  
			(B)  current spousal maintenance;                                            
			(C)  child support arrearages;  and                                          
			(D)  spousal maintenance arrearages.                                         
	(e)  Garnishment for the purposes of spousal maintenance 
does not apply to unemployment insurance benefit payments.

Added by Acts 2001, 77th Leg., ch. 807, § 1, eff. Sept. 1, 2001.           

Last modified: August 11, 2007