Tex. Fam. Code § 8.101-8.108

TEXAS FAMILY CODE Chapter 8, Subchapter C — INCOME WITHHOLDING CHAPTER 8 • MAINTENANCE Subchapter C: INCOME WITHHOLDING Sec. 8.101. INCOME WITHHOLDING; GENERAL RULE. (a) In a proceeding in which periodic payments of spousal maintenance are ordered, modified, or enforced, the court may order that income be withheld from the disposable earnings of the obligor as provided by this chapter. (a-1) The court may order that income be withheld from the disposable earnings of the obligor in a proceeding in which there is an agreement for periodic payments of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court. (a-2) The court may not order that income be withheld from the disposable earnings of the obligor to the extent that any provision of an agreed order for maintenance exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter. (b) This subchapter does not apply to contractual alimony or spousal maintenance, regardless of whether the alimony or maintenance is taxable, unless: (1) the contract specifically permits income withholding; or (2) the alimony or maintenance payments are not timely made under the terms of the contract. (c) An order or writ of withholding for spousal maintenance may be combined with an order or writ of withholding for child support only if the obligee has been appointed managing conservator of the child for whom the child support is owed and is the conservator with whom the child primarily resides. (d) An order or writ of withholding that combines withholding for spousal maintenance and child support must: (1) require that the withheld amounts be paid to the appropriate place of payment under Section 154.004; (2) be ding that combines withholding for spousal maintenance and child support must: (1) require that the withheld amounts be paid to the appropriate place of payment under Section 154.004; (2) be in the form prescribed by the Title IV-D agency under Section 158.106; (3) clearly indicate the amounts withheld that are to be applied to current spousal maintenance and to any maintenance arrearages; and (4) subject to the maximum withholding allowed under Section 8.106, order that withheld income be applied in the following order of priority: (A) current child support; (B) current spousal maintenance; (C) child support arrearages; and (D) spousal maintenance arrearages. (e) Garnishment for the purposes of spousal maintenance does not apply to unemployment insurance benefit payments. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 4, eff. September 1, 2013. Sec. 8.102. WITHHOLDING FOR ARREARAGES IN ADDITION TO CURRENT SPOUSAL MAINTENANCE. (a) The court may order that, in addition to income withheld for current spousal maintenance, income be withheld from the disposable earnings of the obligor to be applied toward the liquidation of any arrearages. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 8, Subchapter C — INCOME WITHHOLDING (b) The additional amount withheld to be applied toward arrearages must be whichever of the following amounts will discharge the arrearages in the least amount of time: (1) an amount sufficient to discharge the arrearages in not more than two years; or (2) 20 percent of the amount withheld for current maintenance. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.103. WITHHOLDING FOR ARREARAGES WHEN CURRENT MAINTENANCE IS NOT DUE. A court may order income withholdin nt maintenance. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.103. WITHHOLDING FOR ARREARAGES WHEN CURRENT MAINTENANCE IS NOT DUE. A court may order income withholding to be applied toward arrearages in an amount sufficient to discharge those arrearages in not more than two years if current spousal maintenance is no longer owed. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.104. WITHHOLDING TO SATISFY JUDGMENT FOR ARREARAGES. The court, in rendering a cumulative judgment for arrearages, may 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 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.105. PRIORITY OF WITHHOLDING. An order or writ of withholding under this chapter has priority over any garnishment, attachment, execution, or other order affecting disposable earnings, except for an order or writ of withholding for child support under Chapter 158. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.106. MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An order or writ of withholding must direct that an obligor's employer withhold from the obligor's disposable earnings the lesser of: (1) the amount specified in the order or writ; or (2) an amount that, when added to the amount of income being withheld by the employer for child support, is equal to 50 percent of the obligor's disposable earnings. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.107. ORDER OR WRIT BINDING ON EMPLOYER DOING BUSINESS IN THIS 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 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.108. VOLUNTA state is binding on the employer without regard to whether the obligor resides or works outside this state. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.108. VOLUNTARY WRIT OF 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. The obligor may file the request under this section regardless of whether a writ or order has been served on any party or whether the obligor owes arrearages. (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 subchapter. (c) An employer who 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 8.205. (d) An obligor whose employer receives a writ of withholding issued under this section may request a hearing in the manner provided by Section 8. 258. (e) An obligee may contest a writ of income withholding issued under this section by requesting, not later than the 180th day after the date on which the obligee discovers that the writ was issued, a hearing to be conducted in the manner provided by Section 8.258 for a hearing on a motion to stay. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 8, Subchapter C — INCOME WITHHOLDING (f) A writ of withholding under this section may not reduce the total amount of spousal maintenance, including arrearages, owed by the obligor. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3