CHAPTER 158. WITHHOLDING FROM EARNINGS FOR CHILD SUPPORT
FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
CHAPTER 158. WITHHOLDING FROM EARNINGS FOR CHILD SUPPORT
SUBCHAPTER A. INCOME WITHHOLDING REQUIRED; GENERAL PROVISIONS
Sec. 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 income be withheld from the disposable earnings of the
obligor as provided by this chapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 34, eff.
Sept. 1, 1997.
Sec. 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
need not be issued or delivered to an employer until:
(1) the obligor has been in arrears for an amount due for more
than 30 days;
(2) the amount of the arrearages is an amount equal to or
greater than the amount due for a one-month period; or
(3) any other violation of the child support order has occurred.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 35, eff.
Sept. 1, 1997.
Sec. 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 be applied toward the liquidation of
any child support arrearages, including accrued interest as
provided in Chapter 157.
(b) The additional amount to be withheld for arrearages shall be
an amount sufficient to discharge those arrearages in not more
than two years or an additional 20 percent added to the amount of
the current monthly support order, whichever amount will result
in the arrearages being discharged in the least amount of time.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 21, eff.
Sept. 1, 1999.
Sec. 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 as provided in Chapter
157, in an amount sufficient to discharge those arrearages in not
more than two years.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 22, eff.
Sept. 1, 1999.
Sec. 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 obligor to be applied toward the
satisfaction of the judgment.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 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 an order that income be withheld from the
disposable earnings of the obligor to be applied towards the
satisfaction of any ordered attorney's fees and costs resulting
from an action to enforce child support under this title.
(b) An order rendered under this section is subordinate to an
order or writ of withholding for child support under this chapter
and is subject to the maximum amount allowed to be withheld under
Section 158.009.
(c) The court shall order that amounts withheld for fees and
costs under this section be remitted directly to the person
entitled to the ordered attorney's fees or costs or be paid
through a local registry for disbursement to that person.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 35, eff. Sept. 1,
2001.
Sec. 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 and may not suspend, stay, or delay issuance of the order
or of a judicial or administrative writ of withholding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 36, eff.
Sept. 1, 1997.
Sec. 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
whom support is due from the obligor to suffer unreasonable
hardship, the court or agency may extend the payment period for a
reasonable length of time.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 22, eff.
Sept. 1, 1999.
Sec. 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, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 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 a maximum amount of 50 percent of the
obligor's disposable earnings.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 37, eff.
Sept. 1, 1997.
Sec. 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 without regard to whether the obligor
resides or works outside this state.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 38, eff.
Sept. 1, 1997.
Sec. 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 issuance
and delivery to the obligor's employer of a writ of withholding.
A notarized or acknowledged request may be filed under this
section regardless of whether a writ or order has been served on
any party or of the existence or amount of an arrearage.
(b) On receipt of a request under this section, the clerk shall
issue and deliver a writ of withholding in the manner provided by
this chapter.
(c) An employer that receives a writ of withholding issued under
this section may request a hearing in the same manner and
according to the same terms provided by Section 158.205.
(d) An obligor whose employer receives a writ of withholding
issued under this section may request a hearing in the manner
provided by Section 158.309.
(e) An obligee may contest a writ of withholding issued under
this section by requesting, not later than the 180th day after
the date on which the obligee discovers that the writ has been
issued, a hearing in the manner provided by Section 158.309.
(f) A writ of withholding under this section may not reduce the
total amount of child support, including arrearages, owed by the
obligor.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 55, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 39, eff.
Sept. 1, 1997.
SUBCHAPTER B. PROCEDURE
Sec. 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 action for income withholding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 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 fees and costs, including ordered attorney's fees and
court costs, have been paid.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 40, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 23, eff. Sept.
1, 1999.
Sec. 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 agency under Section 158.106.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 41, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 23, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 36, eff. Sept. 1,
2001.
Sec. 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, the Title IV-D agency, the friend of the
court, a domestic relations office, the obligor, the obligee, or
an attorney representing the obligee or obligor.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 6, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 23, eff. Sept.
1, 1999.
Sec. 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 of the order or writ to be delivered to
the obligor's current employer or to any subsequent employer of
the obligor.
(b) The clerk shall issue and deliver the certified copy of the
order or judicial writ not later than the fourth working day
after the date the order is signed or the request is filed,
whichever is later.
(c) An order or judicial writ of withholding shall be delivered
to the employer by first class mail or, if requested, by
certified or registered mail, return receipt requested, by
electronic transmission, including electronic mail or facsimile
transmission, or by service of citation to:
(1) the person authorized to receive service of process for the
employer in civil cases generally; or
(2) a person designated by the employer, by written notice to
the clerk, to receive orders or writs of withholding.
(d) The clerk may deliver an order or judicial writ of
withholding under Subsection (c) by electronic mail if the
employer has an electronic mail address or by facsimile
transmission if the employer is capable of receiving documents
transmitted in that manner. If delivery is accomplished by
electronic mail, the clerk must request acknowledgment of receipt
from the employer or use an electronic mail system with a read
receipt capability. If delivery is accomplished by facsimile
transmission, the clerk's facsimile machine must create a
delivery confirmation report.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 7, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 24, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 37, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1113, Sec. 1, eff. September 1, 2005.
Sec. 158.106. 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
child support.
(b) The Title IV-D agency shall make the appropriate forms
available to obligors, obligees, domestic relations offices,
friends of the court, and private attorneys.
(c) The Title IV-D agency may prescribe additional forms for the
efficient collection of child support and to promote the
administration of justice for all parties.
(d) The forms prescribed by the Title IV-D agency under this
section may be used to request voluntary withholding under
Section 158.011.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 42, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 25, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 38, eff. Sept. 1,
2001.
SUBCHAPTER C. RIGHTS AND DUTIES OF EMPLOYER
Sec. 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 withholding is issued.
(b) An order or writ of withholding is binding on an employer
regardless of whether the employer is specifically named in the
order or writ.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 43, eff.
Sept. 1, 1997.
Sec. 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 date on which the order or writ was delivered to
the employer and shall continue to withhold income as required by
the order or writ as long as the obligor is employed by the
employer.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 44, eff.
Sept. 1, 1997.
Sec. 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. The payment must
include the date on which the withholding occurred.
(b) An employer with 250 or more employees shall remit a payment
required under this section by electronic funds transfer or
electronic data interchange not later than the second business
day after the pay date.
(b-1) An employer with fewer than 250 employees may remit a
payment required under this section by electronic funds transfer
or electronic data interchange. A payment remitted by the
employer electronically must be remitted not later than the date
specified by Subsection (b).
(c) The employer shall include with each payment transmitted:
(1) the number assigned by the Title IV-D agency, if available,
and the county identification number, if available;
(2) the name of the county or the county's federal information
processing standard code;
(3) the cause number of the suit under which withholding is
required;
(4) the payor's name and social security number; and
(5) the payee's name and, if available, social security number,
unless the payment is transmitted by electronic funds transfer.
(d) In a case in which an obligor's income is subject to
withholding, the employer shall remit the payment of child
support directly to a local registry, the Title IV-D agency, or
to the state disbursement unit.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 8, eff. Jan.
1, 1998; Acts 1999, 76th Leg., ch. 556, Sec. 26, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 19, eff. September 1, 2009.
Sec. 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 be withheld as child support.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 859, Sec. 1, eff.
Sept. 1, 1999.
Sec. 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 motion
with the court or file a request with the Title IV-D agency for a
hearing on the applicability of the order or writ to the
employer. The Title IV-D agency by rule shall establish
procedures for an agency hearing under this section.
(b) The hearing under this section shall be held not later than
the 15th day after the date the motion or request was made.
(c) An order or writ of withholding remains binding and payments
shall continue to be made pending further order of the court or,
in the case of an administrative writ, action of the Title IV-D
agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 45, eff.
Sept. 1, 1997.
Sec. 158.206. LIABILITY AND OBLIGATION OF EMPLOYER; WORKERS'
COMPENSATION CLAIMS. (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 to a child, who
complies with the order or writ is not liable to the obligor for
the amount of income withheld and paid as required by the order
or writ.
(b) An employer receiving an order or writ of withholding who
does not comply with the order or writ is liable:
(1) to the obligee for the amount not paid in compliance with
the order or writ, including the amount the obligor is required
to pay for health insurance under Chapter 154;
(2) to the obligor for:
(A) the amount withheld and not paid as required by the order or
writ; and
(B) an amount equal to the interest that accrues under Section
157.265 on the amount withheld and not paid; and
(3) for reasonable attorney's fees and court costs.
(c) If an obligor has filed a claim for workers' compensation,
the obligor's employer shall send a copy of the income
withholding order or writ to the insurance carrier with whom the
claim has been filed in order to continue the ordered withholding
of income.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 4.07, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 911, Sec. 46, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 859, Sec. 2, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1580, Sec. 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1023, Sec. 39, eff. Sept. 1, 2001.
Sec. 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) If the total amount due under the orders or writs exceeds
the maximum amount allowed to be withheld under Section 158.009,
the employer shall pay an equal amount towards the current
support in each order or writ until the employer has complied
fully with each current support obligation and, thereafter, equal
amounts on the arrearages until the employer has complied with
each order or writ, or until the maximum total amount of allowed
withholding is reached, whichever occurs first.
(c) An employer who receives more than one order or writ of
withholding that combines withholding for child support and
spousal maintenance as provided by Section 8.101 shall withhold
income and pay the amount withheld in accordance with Section
8.207.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 47, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 807, Sec. 2, eff. Sept.
1, 2001.
Sec. 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 the employer separately identifies the
amount of the payment that is attributable to each obligor.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 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 any other disciplinary action against an
employee.
(b) An employer may not refuse to hire an employee because of an
order or writ of withholding.
(c) If an employer intentionally discharges an employee in
violation of this section, the employer continues to be liable to
the employee for current wages and other benefits and for
reasonable attorney's fees and court costs incurred in enforcing
the employee's rights as provided in this section.
(d) An action under this section may be brought by the employee,
a friend of the court, the domestic relations office, or the
Title IV-D agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 48, eff.
Sept. 1, 1997.
Sec. 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 of this chapter may be subject to a fine not to exceed
$200 for each occurrence in which the employer fails to:
(1) withhold income for child support as instructed in an order
or writ issued under this chapter; or
(2) remit withheld income within the time required by Section
158.203 to the payee identified in the order or writ or to the
state disbursement unit.
(b) A fine recovered under this section shall be paid to the
county in which the obligee resides and shall be used by the
county to improve child support services.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 15, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 27, eff. Sept.
1, 1999.
Sec. 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 the Title IV-D agency and
the obligee of that fact not later than the seventh day after the
date employment terminated and shall provide the obligor's last
known address and the name and address of the obligor's new
employer, if known.
(b) The obligor has a continuing duty to inform any subsequent
employer of the order or writ of withholding after obtaining
employment.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 28, eff.
Sept. 1, 1999.
Sec. 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 of withholding
not later than the second business day after the date the
employer receives the returned payment.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 29, eff. Sept. 1,
1999.
Sec. 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 an amount not to
exceed the maximum amount allowed to be withheld from income
under Section 158.009 regardless of whether the benefits payable
to the obligor for lost income are paid as lump sum amounts or as
periodic payments.
(b) An insurance carrier subject to this section shall send the
amount withheld for child support to the place of payment
designated in the order or writ of withholding.
Added by Acts 2003, 78th Leg., ch. 610, Sec. 9, eff. Sept. 1,
2003.
Sec. 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 time of termination.
(b) An employer receiving an order or writ of withholding under
this chapter shall withhold from any severance pay owed an
obligor an amount equal to the amount the employer would have
withheld under the order or writ if the severance pay had been
paid as the obligor's usual earnings as a current employee.
(c) The total amount that may be withheld under this section is
subject to the maximum amount allowed to be withheld under
Section 158.009.
Added by Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 33, eff. September 1, 2007.
Sec. 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 time. The
term does not include an employee's usual earnings or an amount
paid as severance pay on termination of employment.
(b) This section applies only to an employer who receives an
administrative writ of withholding in a Title IV-D case.
(c) An employer to whom this section applies may not make a
lump-sum payment to the obligor in the amount of $500 or more
without first notifying the Title IV-D agency to determine
whether all or a portion of the payment should be applied to
child support arrearages owed by the obligor.
(d) After notifying the Title IV-D agency in compliance with
Subsection (c), the employer may not make the lump-sum payment
before the earlier of:
(1) the 10th day after the date on which the employer notified
the Title IV-D agency; or
(2) the date on which the employer receives authorization from
the Title IV-D agency to make the payment.
(e) If the employer receives a timely authorization from the
Title IV-D agency under Subsection (d)(2), the employer may make
the payment only in accordance with the terms of that
authorization.
Added by Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 34, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 20, eff. June 19, 2009.
SUBCHAPTER D. JUDICIAL WRIT OF WITHHOLDING ISSUED BY CLERK
Sec. 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
equal to or greater than the total support due for one month; or
(2) income withholding was not ordered at the time child support
was ordered.
(b) The notice of application for judicial writ of withholding
may be filed in the court of continuing jurisdiction by:
(1) the Title IV-D agency;
(2) the attorney representing the local domestic relations
office;
(3) the attorney appointed a friend of the court as provided in
Chapter 202;
(4) the obligor or obligee; or
(5) a private attorney representing the obligor or obligee.
(c) The Title IV-D agency may in a Title IV-D case file a notice
of application for judicial writ of withholding on request of the
obligor or obligee.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 57, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 911, Sec. 50, eff. Sept.
1, 1997.
Sec. 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 amount of arrearages or anticipated arrearages,
including accrued interest, and the amount of wages that will be
withheld in accordance with a judicial writ of withholding;
(2) state that the withholding applies to each current or
subsequent employer or period of employment;
(3) state that if the obligor does not contest the withholding
within 10 days after the date of receipt of the notice, the
obligor's employer will be notified to begin the withholding;
(4) describe the procedures for contesting the issuance and
delivery of a writ of withholding;
(5) state that if the obligor contests the withholding, the
obligor will be afforded an opportunity for a hearing by the
court not later than the 30th day after the date of receipt of
the notice of contest;
(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, including accrued interest;
(7) describe the actions that may be taken if the obligor
contests the notice of application for judicial 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 judicial writ of withholding
that the obligor may file with the clerk of the appropriate
court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 51, eff.
Sept. 1, 1997.
Sec. 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 writ of withholding.
(b) The notice shall be filed with the clerk of the court having
venue as provided in Chapter 159.
(c) Notice of application for judicial writ of withholding may
be delivered to the obligor at the same time that an order is
filed for registration under Chapter 159.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 58, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 911, Sec. 52, eff. Sept.
1, 1997.
Sec. 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 support order, the judicial writ may include
arrearages that accrue between the filing of the notice and the
date of the hearing or the issuance of a judicial writ of
withholding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 53, eff.
Sept. 1, 1997.
Sec. 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 the Title IV-D
agency or local domestic relations office;
(2) first-class or certified mail, return receipt requested,
addressed to the obligor's last known address or place of
employment; or
(3) by service of citation as in civil cases generally.
(b) If the notice is delivered by mailing or hand delivery, the
party who filed the notice shall file with the court a
certificate stating the name, address, and date on which the
mailing or hand delivery was made.
(c) Notice is considered to have been received by the obligor:
(1) if hand delivered, on the date of delivery;
(2) if mailed by certified mail, on the date of receipt;
(3) if mailed by first-class mail, on the 10th day after the
date the notice was mailed; or
(4) if delivered by service of citation, on the date of service.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 54, eff.
Sept. 1, 1997.
Sec. 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 than the 10th day after the date the notice of
application for judicial writ of withholding was received.
(b) The grounds for filing a motion to stay issuance are limited
to a dispute concerning the identity of the obligor or the
existence or the amount of the arrearages.
(c) The obligor shall verify that statements of fact in the
motion to stay issuance of the writ are true and correct.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 55, eff.
Sept. 1, 1997.
Sec. 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 judicial
writ of withholding to any employer of the obligor before a
hearing is held.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 56, eff.
Sept. 1, 1997.
Sec. 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 the clerk of court
shall notify the obligor, obligee, or their authorized
representatives, and the party who filed the application for
judicial writ of withholding of the date, time, and place of the
hearing.
(b) The court shall hold a hearing on the motion to stay not
later than the 30th day after the date the motion was filed,
except that a hearing may be held later than the 30th day after
filing if both the obligor and obligee agree and waive the right
to have the motion heard within 30 days.
(c) Upon hearing, the court shall:
(1) render an order for income withholding that includes a
determination of the amount of child support arrearages,
including medical support and interest; or
(2) grant the motion to stay.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 59, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 911, Sec. 57, eff. Sept.
1, 1997.
Sec. 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
particularity the alleged defect, obscurity, or other ambiguity
in the notice.
(b) A special exception under this section must be heard by the
court before hearing the motion to stay issuance.
(c) If the court sustains an exception, the court shall provide
the party filing the notice an opportunity to refile and the
court shall continue the hearing to a date certain without the
requirement of additional service.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 58, eff.
Sept. 1, 1997.
Sec. 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 refuse to order
withholding.
(b) The court shall order that a reasonable amount of income be
withheld to be applied toward the liquidation of arrearages, even
though a judgment confirming arrearages has been rendered against
the obligor.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 59, eff.
Sept. 1, 1997.
Sec. 158.312. REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF
WITHHOLDING. (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 provided by Section 158.307, the party who
filed the notice shall file with the clerk of the court a request
for issuance of the writ of withholding stating the amount of
current support, including medical support, the amount of
arrearages, and the amount to be withheld from the obligor's
income.
(b) The request for issuance may not be filed before the 11th
day after the date of receipt of the notice of application for
judicial writ of withholding by the obligor.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 60, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 30, eff. Sept.
1, 1999.
Sec. 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 writ shall be delivered as provided by Subchapter B.
(c) The clerk shall issue and mail the writ not later than the
second working day after the date the request is filed.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 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 for current child support, including medical
support, and child support arrearages an amount that is
consistent with the provisions of this chapter regarding orders
of withholding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 61, eff.
Sept. 1, 1997.
Sec. 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, the
obligor's family, or the children for whom the support is due
from the obligor to suffer unreasonable hardship, the party may
extend the payment period in the writ.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 62, eff.
Sept. 1, 1997.
Sec. 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 the payment the date
on which the withholding occurred.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 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 to the obligor's employer,
the obligor may file an affidavit with the court that a motion to
stay was not timely filed because the notice of application for
judicial writ of withholding was not received by the obligor and
that grounds exist for a motion to stay.
(b) Concurrently with the filing of the affidavit, the obligor
may file a motion to withdraw the writ of withholding and 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 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 63, eff.
Sept. 1, 1997.
Sec. 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 of withholding
under this subchapter may issue the judicial writ of withholding
to a subsequent employer of the obligor by delivering to the
employer by certified mail a copy of the writ.
(b) The judicial writ of withholding must include the name,
address, and signature of the party and clearly indicate that the
writ is being issued to a subsequent employer.
(c) The party shall file a copy of the judicial writ of
withholding with the clerk not later than the third working day
following delivery of the writ to the subsequent employer. The
party shall pay the clerk a fee of $15 at the time the copy of
the writ is filed.
(d) The party shall file the postal return receipt from the
delivery to the subsequent employer not later than the third
working day after the party receives the receipt.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 60, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 64, eff.
Sept. 1, 1997.
SUBCHAPTER E. MODIFICATION, REDUCTION, OR TERMINATION OF
WITHHOLDING
Sec. 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 an arrearages or
the termination of the obligation of support in Title IV-D cases.
The procedures shall provide that the payment of overdue support
may not be used as the sole basis for terminating withholding.
(b) At the request of the Title IV-D agency, the clerk of the
court shall issue a judicial writ of withholding to the obligor's
employer reflecting any modification or changes in the amount to
be withheld or the termination of withholding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 65, eff.
Sept. 1, 1997.
Sec. 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 the following contingencies
stated in the order:
(1) the child becomes 18 years of age or is graduated from high
school, whichever is later;
(2) the child's disabilities of minority are removed by
marriage, court order, or other operation of law; or
(3) the child dies.
(b) The obligor and obligee may file a notarized or acknowledged
request with the clerk of the court under Section 158.011 for a
revised judicial writ of withholding, including the termination
of withholding.
(c) The clerk shall issue and deliver to an employer of the
obligor a judicial writ of withholding that reflects the agreed
revision or termination of withholding.
(d) An agreement by the parties under this section does not
modify the terms of a support order.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 61, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 66, eff.
Sept. 1, 1997.
Sec. 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 the court a notarized request signed by the obligor and the
obligee or agency, as appropriate, for the issuance and delivery
to the obligor of a:
(1) modified writ of withholding that reduces the amount of
withholding; or
(2) notice of termination of withholding.
(b) On receipt of a request under this section, the clerk shall
issue and deliver a modified writ of withholding or notice of
termination in the manner provided by Section 158.402.
(c) The clerk may charge a reasonable fee not to exceed $15 for
filing the request.
(d) An obligee may contest a modified writ of withholding or
notice of termination issued under this section by requesting a
hearing in the manner provided by Section 158.309 not later than
the 180th day after the date the obligee discovers that the writ
or notice has been issued.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 61, eff. Sept. 1,
1995.
Sec. 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 or governmental entity may deliver
to the employer a certified copy of the order without the
requirement that the clerk of the court deliver the order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Renumbered from Sec. 158.402 by Acts 1995, 74th Leg., ch.
751, Sec. 61, eff. Sept. 1, 1995.
Sec. 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, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Renumbered from Sec. 158.403 by Acts 1995, 74th Leg., ch.
751, Sec. 61, eff. Sept. 1, 1995.
SUBCHAPTER F. ADMINISTRATIVE WRIT OF WITHHOLDING
Sec. 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 by this subchapter.
(b) Except as provided by Subsection (d), the Title IV-D agency
is the only entity that may issue an administrative writ under
this subchapter.
(c) The Title IV-D agency may use the procedures authorized by
this subchapter to enforce a support order rendered by a tribunal
of another state regardless of whether the order has been
registered under Chapter 159.
(d) A domestic relations office may issue an administrative writ
of withholding under this chapter in a proceeding in which the
office is providing child support enforcement services. A
reference in this code to the Title IV-D agency that relates to
an administrative writ includes a domestic relations office,
except that the writ must be in the form prescribed by the Title
IV-D agency under Section 158.504.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 31, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 40, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
199, Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
199, Sec. 4, eff. September 1, 2005.
Sec. 158.502. WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE
ISSUED. (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 medical support, and child
support arrearages, and Title IV-D service fees authorized under
Section 231.103 for which the obligor is responsible, have been
paid. The writ issued under this subsection may be based on an
obligation in more than one support order.
(b) The Title IV-D agency may issue an administrative writ of
withholding that directs that an amount be withheld for an
arrearage or adjusts the amount to be withheld for an arrearage.
An administrative writ issued under this subsection may be
contested as provided by Section 158.506.
(c) The Title IV-D agency may issue an administrative writ of
withholding as a reissuance of an existing withholding order on
file with the court of continuing jurisdiction or a tribunal of
another state. The administrative writ under this subsection is
not subject to the contest provisions of Sections 158.505(a)(2)
and 158.506.
(d) The Title IV-D agency may issue an administrative writ of
withholding to direct child support payments to the state
disbursement unit of another state.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 31, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 41, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1247, Sec. 2, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 35, eff. September 1, 2007.
Sec. 158.503. DELIVERY OF ADMINISTRATIVE WRIT TO EMPLOYER;
FILING WITH COURT. (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.
(b) Not later than the third business day after the date of
delivery of the administrative writ of withholding to an
employer, the Title IV-D agency shall file a copy of the writ,
together with a signed certificate of service, in the court of
continuing jurisdiction. The certificate of service may be signed
electronically. This subsection does not apply to the enforcement
under Section 158.501(c) of a support order rendered by a
tribunal of another state.
(c) The copy of the administrative writ of withholding filed
with the clerk of court must include:
(1) the name, address, and signature of the authorized attorney
or individual that issued the writ;
(2) the name and address of the employer served with the writ;
and
(3) a true copy of the information provided to the employer.
(d) The clerk of the court may charge a reasonable fee not to
exceed $15 for filing an administrative writ under this section.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 32, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 116, Sec. 1, eff. Sept.
1, 2001; Acts 2001, 77th Leg., ch. 1023, Sec. 42, eff. Sept. 1,
2001.
Sec. 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 standard format authorized by the United States
Department of Health and Human Services.
(b) An administrative writ of withholding issued under this
subchapter may contain only the information that is necessary for
the employer to withhold income for child support and medical
support and shall specify the place where the withheld income is
to be paid.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 33, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 43, eff.
Sept. 1, 2001.
Sec. 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, if the
writ is issued as provided by Section 158.502(b), the amount of
the arrearages, including accrued interest;
(2) except as provided by Section 158.502(c), notice of the
procedures to follow if the obligor desires to contest
withholding on the grounds that the identity of the obligor or
the existence or amount of arrearages is incorrect; and
(3) a copy of the administrative writ, including the information
concerning income withholding provided to the employer.
(b) The notice required under this section may be sent to the
obligor by:
(1) personal delivery by a person designated by the Title IV-D
agency;
(2) first-class mail or certified mail, return receipt
requested, addressed to the obligor's last known address; or
(3) service of citation as in civil cases generally.
(c) Repealed by Acts 1999, 76th Leg., ch. 556, Sec. 81, eff.
Sept. 1, 1999.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 34, 81, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 44, eff.
Sept. 1, 2001.
Sec. 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 resolve any issue in dispute
regarding the identity of the obligor or the existence or amount
of arrearages. The Title IV-D agency shall provide an opportunity
for a review, by telephonic conference or in person, as may be
appropriate under the circumstances.
(b) After a review under this section, the Title IV-D agency may
issue a new administrative writ of withholding to the employer,
including a writ modifying the amount to be withheld or
terminating withholding.
(c) If a review under this section fails to resolve any issue in
dispute, the obligor may file a motion with the court to withdraw
the administrative writ of withholding and request a hearing with
the court not later than the 30th day after receiving notice of
the agency's determination. Income withholding may not be
interrupted pending a hearing by the court.
(d) If an administrative writ of withholding issued under this
subchapter is based on an order of a tribunal of another state
that has not been registered under Chapter 159, the obligor may
file a motion with an appropriate court in accordance with
Subsection (c).
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 35, eff.
Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 36, eff. September 1, 2007.
Sec. 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 support, and child support
arrearages, and Title IV-D service fees authorized under Section
231.103 for which the obligor is responsible, have been paid.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 37, eff. September 1, 2007.