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Texas Family Code - Section 8.252. Contents Of Notice Of Application For Writ Of Withholding

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 8.252. Contents Of Notice Of Application For Writ Of Withholding

§ 8.252. CONTENTS OF NOTICE OF APPLICATION FOR WRIT OF 
WITHHOLDING.  The notice of application for a writ of withholding 
must be verified and:
		(1)  state the amount of monthly maintenance due, 
including the amount of arrearages or anticipated arrearages, and 
the amount of disposable earnings to be withheld under a writ of 
withholding;
		(2)  state that the withholding applies to each current 
or subsequent employer or period of employment;
		(3)  state that the obligor's employer will be notified 
to begin the withholding if the obligor does not contest the 
withholding on or before the 10th day after the date the obligor 
receives the notice;
		(4)  describe the procedures for contesting the 
issuance and delivery of a writ of withholding;
		(5)  state that the obligor will be provided an 
opportunity for a hearing not later than the 30th day after the date 
of receipt of the notice of contest if the obligor contests the 
withholding;
		(6)  state that the sole ground for successfully 
contesting the issuance of a writ of withholding is a dispute 
concerning the identity of the obligor or the existence or amount of 
the arrearages;
		(7)  describe the actions that may be taken if the 
obligor contests the notice of application for a writ of 
withholding, including the procedures for suspending issuance of a 
writ of withholding;  and
		(8)  include with the notice a suggested form for the 
motion to stay issuance and delivery of the writ of withholding that 
the obligor may file with the clerk of the appropriate court.

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

Last modified: August 11, 2007