Sec. 8.266. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING. (a) Not later than the 30th day after the date of the first pay period after the date the obligor's employer receives a writ of withholding, the obligor may file an affidavit with the court stating that:
(1) the obligor did not timely file a motion to stay because the obligor did not receive the notice of application for a writ of withholding; and
(2) grounds exist for a motion to stay.
(b) The obligor may:
(1) file with the affidavit a motion to withdraw the writ of withholding; and
(2) request a hearing on the applicability of the writ.
(c) Income withholding may not be interrupted until after the hearing at which the court renders an order denying or modifying withholding.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
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