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Texas Family Code - Chapter 158 Withholding From Earnings For Child SupportLegal Research Home > Texas Lawyer > Family Code > Texas Family Code - Chapter 158 Withholding From Earnings For Child Support Sponsored LinksIn a proceeding in which periodic payments of child support are ordered, modified, or enforced, the court or the Title IV-D agency shall order that ... Except in a Title IV-D case, the court may provide, for good cause shown or on agreement of the parties, that the order withholding income ... (a) In addition to income withheld for the current support of a child, income shall be withheld from the disposable earnings of the obligor to ... If current support is no longer owed, the court or the Title IV-D agency shall order that income be withheld for arrearages, including accrued interest ... In rendering a cumulative judgment for arrearages, the court shall order that a reasonable amount of income be withheld from the disposable earnings of the ... (a) In addition to an order for income to be withheld for child support, including child support and child support arrearages, the court may render ... In a Title IV-D case, the court or the Title IV-D agency shall order that income be withheld from the disposable earnings of the obligor ... If the court or the Title IV-D agency finds that the schedule for discharging arrearages would cause the obligor, the obligor's family, or children for ... An order or writ of withholding has priority over any garnishment, attachment, execution, or other assignment or order affecting disposable earnings. Added by Acts 1995, ... An order or writ of withholding shall direct that any employer of the obligor withhold from the obligor's disposable earnings the amount specified up to ... An order or writ of withholding issued under this chapter and delivered to an employer doing business in this state is binding on the employer ... (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 ... Except as otherwise provided in this chapter, the procedure for a motion for enforcement of child support as provided in Chapter 157 applies to an ... An order or writ for income withholding under this chapter may be issued until all current support and child support arrearages, interest, and any applicable ... An order of withholding or writ of withholding issued under this chapter must contain the information required by the forms prescribed by the Title IV-D ... A request for issuance of an order or judicial writ of withholding may be filed with the clerk of the court by the prosecuting attorney, ... (a) On filing a request for issuance of an order or judicial writ of withholding, the clerk of the court shall cause a certified copy ... (a) The Title IV-D agency shall prescribe forms as required by federal law in a standard format entitled order or notice to withhold income for ... (a) An employer required to withhold income from earnings is not entitled to notice of the proceedings before the order is rendered or writ of ... An employer shall begin to withhold income in accordance with an order or writ of withholding not later than the first pay period following the ... (a) The employer shall remit the amount to be withheld to the person or office named in the order or writ on each pay date. ... An employer may deduct an administrative fee of not more than $10 each month from the obligor's disposable earnings in addition to the amount to ... (a) Not later than the 20th day after the date an order or writ of withholding is delivered, the employer may, as appropriate, file a ... (a) An employer receiving an order or a writ of withholding under this chapter, including an order or writ directing that health insurance be provided ... (a) An employer receiving two or more orders or writs for one obligor shall comply with each order or writ to the extent possible. (b) ... An employer required to withhold from more than one obligor may combine the amounts withheld and make a single payment to each agency designated if ... (a) An employer may not use an order or writ of withholding as grounds in whole or part for the termination of employment or for ... (a) In addition to the civil remedies provided by this subchapter or any other remedy provided by law, an employer who knowingly violates the provisions ... (a) If an obligor terminates employment with an employer who has been withholding income, both the obligor and the employer shall notify the court or ... An employer who remits a payment to an incorrect office or person shall remit the payment to the agency or person identified in the order ... (a) An insurance carrier that receives an order or writ of withholding under Section 158.206 for workers' compensation benefits payable to an obligor shall withhold ... (a) A notice of application for judicial writ of withholding may be filed if: (1) a delinquency occurs in child support payments in an amount ... The notice of application for judicial writ of withholding shall be verified and: (1) state the amount of monthly support due, including medical support, the ... (a) The registration of a foreign support order as provided in Chapter 159 is sufficient for the filing of a notice of application for judicial ... If the notice of application for judicial writ of withholding states that the obligor has repeatedly failed to pay support in accordance with the underlying ... (a) A notice of application for judicial writ of withholding may be delivered to the obligor by: (1) hand delivery by a person designated by ... (a) The obligor may stay issuance of a judicial writ of withholding by filing a motion to stay with the clerk of court not later ... The filing of a motion to stay by an obligor in the manner provided by Section 158.307 prohibits the clerk of court from delivering the ... (a) If a motion to stay is filed in the manner provided by Section 158.307, the court shall set a hearing on the motion and ... (a) A defect in a notice of application for judicial writ of withholding is waived unless the respondent specially excepts in writing and cites with ... (a) Payment of arrearages after receipt of notice of application for judicial writ of withholding may not be the sole basis for the court to ... (a) If a notice of application for judicial writ of withholding is delivered and a motion to stay is not filed within the time limits ... (a) On the filing of a request for issuance of a writ of withholding, the clerk of the court shall issue the writ. (b) The ... The judicial writ of income withholding issued by the clerk must direct that the employer or a subsequent employer withhold from the obligor's disposable income ... If the party who filed the notice of application for judicial writ of withholding finds that the schedule for repaying arrearages would cause the obligor, ... The amount to be withheld shall be paid to the person or office named in the writ on each pay date and shall include with ... (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 ... (a) After the issuance of a judicial writ of withholding by the clerk, a party authorized to file a notice of application for judicial writ ... (a) The Title IV-D agency shall establish procedures for the reduction in the amount of or termination of withholding from income on the liquidation of ... (a) An obligor and obligee may agree on a reduction in or termination of income withholding for child support on the occurrence of one of ... (a) If an obligor initiates voluntary withholding under Section 158.011, the obligee or an agency providing child support services may file with the clerk of ... If a court has rendered an order that reduces the amount of child support to be withheld or terminates withholding for child support, any person ... The provisions of this chapter regarding the liability of employers for withholding apply to an order that reduces or terminates withholding. Added by Acts 1995, ... (a) The Title IV-D agency may initiate income withholding by issuing an administrative writ of withholding for the enforcement of an existing order as authorized ... (a) An administrative writ of withholding under this subchapter may be issued by the Title IV-D agency at any time until all current support, including ... (a) An administrative writ of withholding issued under this subchapter may be delivered to an obligor, obligee, and employer by mail or by electronic transmission. ... (a) The administrative writ of withholding must be in the form prescribed by the Title IV-D agency as required by this chapter and in a ... (a) On issuance of an administrative writ of withholding, the Title IV-D agency shall send the obligor: (1) notice that the withholding has commenced, including, ... (a) Except as provided by Section 158.502(c), an obligor receiving the notice under Section 158.505 may request a review by the Title IV-D agency to ... An administrative writ to terminate withholding may be issued and delivered to an employer by the Title IV-D agency when all current support, including medical ... Last modified: August 11, 2007 |