Texas Family Code Title 5, Chapter 158 - Withholding From Earnings For Child Support

SUBCHAPTER A INCOME WITHHOLDING REQUIRED; GENERAL PROVISIONS

• Texas Section 158.001 - Income Withholding; General Rule
  In 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...
• Texas Section 158.002 - Suspension Of Income Withholding
  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...
• Texas Section 158.003 - Withholding For Arrearages In Addition To Current Support
  (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...
• Texas Section 158.004 - Withholding For Arrearages When No Current Support Is Due
  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...
• Texas Section 158.005 - Withholding To Satisfy Judgment For Arrearages
  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...
• Texas Section 158.0051 - Order For Withholding For Costs And Fees
  (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...
• Texas Section 158.006 - Income Withholding In Title Iv-d Suits
  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...
• Texas Section 158.007 - Extension Of Repayment Schedule By Court Or Title Iv-d Agency; Unreasonable Hardship
  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...
• Texas Section 158.008 - Priority Of Withholding
  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,...
• Texas Section 158.009 - Maximum Amount Withheld From Earnings
  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...
• Texas Section 158.010 - Order Or Writ Binding On Employer Doing Business In State
  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...

SUBCHAPTER B PROCEDURE

• Texas Section 158.011 - Voluntary Withholding By Obligor
  (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...
• Texas Section 158.101 - Applicability Of Procedure
  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...
• Texas Section 158.102 - Time Limitations
  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...
• Texas Section 158.103 - Contents Of Order Or Writ Of Withholding
  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...
• Texas Section 158.104 - Request For Issuance Of Order Or Judicial Writ Of Withholding
  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,...
• Texas Section 158.105 - Issuance And Delivery Of Order Or Judicial Writ Of Withholding
  (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...

SUBCHAPTER C RIGHTS AND DUTIES OF EMPLOYER

• Texas Section 158.106 - Required Forms For Income Withholding
  (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...
• Texas Section 158.201 - Order Or Writ Binding On Employer
  (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...
• Texas Section 158.202 - Effective Date Of And Duration Of Withholding
  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...
• Texas Section 158.203 - Remitting Withheld Payments
  (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....
• Texas Section 158.204 - Employer May Deduct Fee From Earnings
  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...
• Texas Section 158.205 - Hearing Requested By Employer
  (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...
• Texas Section 158.206 - Liability And Obligation Of Employer; Workers' Compensation Claims
  Sec. 158.206. LIABILITY AND OBLIGATION OF EMPLOYER; WORKERS' COMPENSATION CLAIMS. Text of subsection effective until September 01, 2018 (a) An employer receiving an order or...
• Texas Section 158.207 - Employer Receiving More Than One Order Or Writ
  (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)...
• Texas Section 158.208 - Employer May Combine Amounts Withheld
  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...
• Texas Section 158.209 - Employer's Penalty For Discriminatory Hiring Or Discharge
  (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...
• Texas Section 158.210 - Fine For Noncompliance
  (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...
• Texas Section 158.211 - Notice Of Termination Of Employment And Of New Employment
  (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...
• Texas Section 158.212 - Improper Payment
  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...
• Texas Section 158.213 - Withholding From Workers' Compensation Benefits
  (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...
• Texas Section 158.214 - Withholding From Severance Pay
  (a) In this section, "severance pay" means income paid on termination of employment in addition to the employee's usual earnings from the employer at the...

SUBCHAPTER D JUDICIAL WRIT OF WITHHOLDING ISSUED BY CLERK

• Texas Section 158.215 - Withholding From Lump-sum Payments
  (a) In this section, "lump-sum payment" means income in the form of a bonus or an amount paid in lieu of vacation or other leave...
• Texas Section 158.301 - Notice Of Application For Judicial Writ Of Withholding; Filing
  (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...
• Texas Section 158.302 - Contents Of Notice Of Application For Judicial Writ Of Withholding
  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...
• Texas Section 158.302 - Contents Of Notice Of Application For Judicial Writ Of Withholding
  The notice of application for judicial writ of withholding shall be verified and: (1) state the amount of monthly support due, including medical support and...
• Texas Section 158.303 - Interstate Request For Income Withholding
  (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...
• Texas Section 158.304 - Additional Arrearages
  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...
• Texas Section 158.306 - Delivery Of Notice Of Application For Judicial Writ Of Withholding; Time Of Delivery
  (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...
• Texas Section 158.307 - Motion To Stay Issuance Of Writ Of Withholding
  (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...
• Texas Section 158.308 - Effect Of Filing Motion To Stay
  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...
• Texas Section 158.309 - Hearing On Motion To Stay
  (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...
• Texas Section 158.310 - Special Exceptions
  (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...
• Texas Section 158.311 - Arrearages
  (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...
• Texas Section 158.312 - Request For Issuance And Delivery Of Writ Of Withholding
  Sec. 158.312. REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING. Text of subsection effective until September 01, 2018 (a) If a notice of application...
• Texas Section 158.313 - Issuance And Delivery Of Writ Of Withholding
  (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...
• Texas Section 158.314 - Contents Of Writ Of Withholding
  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...
• Texas Section 158.314 - Contents Of Writ Of Withholding
  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...
• Texas Section 158.315 - Extension Of Repayment Schedule By Party; Unreasonable Hardship
  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,...
• Texas Section 158.316 - Payment Of Amount To Be Withheld
  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...
• Texas Section 158.317 - Failure To Receive Notice Of Application For Judicial Writ Of Withholding
  (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...

SUBCHAPTER E MODIFICATION, REDUCTION, OR TERMINATION OF WITHHOLDING

• Texas Section 158.319 - Issuance And Delivery Of Judicial Writ Of Withholding To Subsequent Employer
  (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...
• Texas Section 158.401 - Modifications To Or Termination Of Withholding By Title Iv-d Agency
  (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...
• Texas Section 158.402 - Agreement By Parties Regarding Amount Or Duration Of Withholding
  (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...
• Texas Section 158.403 - Modifications To Or Termination Of Withholding In Voluntary Withholding Cases
  (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...
• Texas Section 158.404 - Delivery Of Order Of Reduction Or Termination Of Withholding
  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...

SUBCHAPTER F ADMINISTRATIVE WRIT OF WITHHOLDING

• Texas Section 158.405 - Liability Of Employers
  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,...
• Texas Section 158.501 - Issuance Of Administrative Writ Of Withholding
  (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...
• Texas Section 158.502 - When Administrative Writ Of Withholding May Be Issued
  Sec. 158.502. WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE ISSUED. Text of subsection effective until September 01, 2018 (a) An administrative writ of withholding under...
• Texas Section 158.503 - Delivery Of Administrative Writ To Employer; Filing With Court Or Maintaining Record
  (a) An administrative writ of withholding issued under this subchapter may be delivered to an employer by mail or by electronic transmission. (b) The Title...
• Texas Section 158.504 - Contents Of Administrative Writ Of Withholding
  (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...
• Texas Section 158.505 - Notice To Obligor
  (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,...
• Texas Section 158.506 - Contest By Obligor To Administrative Writ Of Withholding
  (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...
• Texas Section 158.507 - Administrative Writ Terminating Withholding
  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...
• Texas Section 158.507 - Administrative Writ Terminating Withholding
  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: September 28, 2016