Sec. 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.
(a-1) The court may order that income be withheld from the disposable earnings of the obligor in a proceeding in which there is an agreement for periodic payments of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court.
(a-2) The court may not order that income be withheld from the disposable earnings of the obligor to the extent that any provision of an agreed order for maintenance exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under 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, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 4, eff. September 1, 2013.
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