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Texas Family Code - Section 8.206. Liability And Obligation Of Employer For Payments

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 8.206. Liability And Obligation Of Employer For Payments

§ 8.206. LIABILITY AND OBLIGATION OF EMPLOYER FOR 
PAYMENTS.  (a) An employer who complies with an order or writ of 
withholding under this chapter is not liable to the obligor for the 
amount of income withheld and remitted as required by the order or 
writ.
	(b)  An employer who receives, but does not comply with, an 
order or writ of withholding is liable to:
		(1)  the obligee for any amount of spousal maintenance 
not paid in compliance with the order or writ;
		(2)  the obligor for any amount withheld from the 
obligor's disposable earnings, but not remitted to the obligee;  
and
		(3)  the obligee or obligor for reasonable attorney's 
fees and court costs incurred in recovering an amount described by 
Subdivision (1) or (2).
	(c)  An employer shall comply with an order of withholding 
for spousal maintenance or alimony issued in another state that 
appears regular on its face in the same manner as an order issued by 
a tribunal of this state.  The employer shall notify the employee of 
the order and comply with the order in the manner provided by 
Subchapter F, Chapter 159, with respect to an order of withholding 
for child support issued by another state.  The employer may contest 
the order of withholding in the manner provided by that subchapter 
with respect to an order of withholding for child support issued by 
another state.

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

Last modified: August 11, 2007