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.