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Texas Family Code - Section 8.108. Voluntary Writ Of Withholding By Obligor

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 8.108. Voluntary Writ Of Withholding By Obligor

§ 8.108. VOLUNTARY WRIT OF WITHHOLDING BY OBLIGOR.  (a) 
An obligor may file with the clerk of the court a notarized or 
acknowledged request signed by the obligor and the obligee for the 
issuance and delivery to the obligor's employer of a writ of 
withholding.  The obligor may file the request under this section 
regardless of whether a writ or order has been served on any party 
or whether the obligor owes arrearages.
	(b)  On receipt of a request under this section, the clerk 
shall issue and deliver a writ of withholding in the manner provided 
by this subchapter.
	(c)  An employer who receives a writ of withholding issued 
under this section may request a hearing in the same manner and 
according to the same terms provided by Section 8.205.
	(d)  An obligor whose employer receives a writ of withholding 
issued under this section may request a hearing in the manner 
provided by Section 8.258.
	(e)  An obligee may contest a writ of income withholding 
issued under this section by requesting, not later than the 180th 
day after the date on which the obligee discovers that the writ was 
issued, a hearing to be conducted in the manner provided by Section 
8.258 for a hearing on a motion to stay.
	(f)  A writ of withholding under this section may not reduce 
the total amount of spousal maintenance, including arrearages, owed 
by the obligor.

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

Last modified: August 11, 2007