Tex. Fam. Code § 8.201-8.210

TEXAS FAMILY CODE Chapter 8, Subchapter E — RIGHTS AND DUTIES OF EMPLOYER CHAPTER 8 • MAINTENANCE Subchapter E: RIGHTS AND DUTIES OF EMPLOYER Sec. 8.201. ORDER OR WRIT BINDING ON EMPLOYER. (a) An employer required to withhold income from earnings under this chapter is not entitled to notice of the proceedings before the order of withholding 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 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.202. EFFECTIVE DATE AND DURATION OF INCOME WITHHOLDING. An employer shall begin to withhold income in accordance with an order or writ of withholding not later than the first pay period after the date the order or writ was delivered to the employer. The employer 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 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.203. REMITTING WITHHELD PAYMENTS. (a) The employer shall remit to the person or office named in the order or writ of withholding the amount of income withheld from an obligor on each pay date. The remittance must include the date on which the income withholding occurred. (b) The employer shall include with each remittance: (1) the cause number of the suit under which income withholding is required; (2) the payor's name; and (3) the payee's name, unless the remittance is made by electronic funds transfer. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.204. EMPLOYER MAY DEDUCT FEE FROM EARNINGS. An employer may deduct an administrative fee of not more than $5 each month from the obligor's disposable earnings in addition to the amount withheld as spousal AY DEDUCT FEE FROM EARNINGS. An employer may deduct an administrative fee of not more than $5 each month from the obligor's disposable earnings in addition to the amount withheld as spousal maintenance. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.205. HEARING REQUESTED BY EMPLOYER. (a) Not later than the 20th day after the date an order or writ of withholding is delivered to an employer, the employer may file with the court a motion for a hearing on the applicability of the order or writ to the employer. (b) The hearing under this section must be held on or before the 15th day after the date the motion is made. (c) An order or writ of withholding is binding and the employer shall continue to withhold income and remit the amount withheld pending further order of the court. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.206. LIABILITY AND OBLIGATION OF EMPLOYER FOR PAYMENTS. (a) An employer who complies with an order or writ of withholding under this chapter is not liable to the obligor for the amount of income withheld and remitted as required by the order or writ. (b) An employer who receives, but does not comply with, an order or writ of withholding is liable to: (1) the obligee for any amount of spousal maintenance not paid in compliance with the order or writ; (2) the obligor for any amount withheld from the obligor's disposable earnings, but not remitted to the obligee; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 8, Subchapter E — RIGHTS AND DUTIES OF EMPLOYER (3) the obligee or obligor for reasonable and necessary attorney's fees, court costs, and expenses incurred in recovering an amount described by Subdivision (1) or (2). (c) An employer shall comply with an order of withholding for spousal maintenance or alimony issued in anothe osts, and expenses incurred in recovering an amount described by Subdivision (1) or (2). (c) An employer shall comply with an order of withholding for spousal maintenance or alimony issued in another state that appears regular on its face in the same manner as an order issued by a tribunal of this state. The employer shall notify the employee of the order and comply with the order in the manner provided by Subchapter F, Chapter 159, with respect to an order of withholding for child support issued by another state. The employer may contest the order of withholding in the manner provided by that subchapter with respect to an order of withholding for child support issued by another state. (d) The court may order the fees, costs, expenses, and any postjudgment interest under Subsection (b)(3) to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 7, eff. September 1, 2025. Sec. 8.207. EMPLOYER RECEIVING MULTIPLE ORDERS OR WRITS. (a) An employer who receives more than one order or writ of withholding to withhold income from the same obligor shall withhold the combined amounts due under each order or writ unless the combined amounts due exceed the maximum total amount of allowed income withholding under Section 8.106. (b) If the combined amounts to be withheld under multiple orders or writs for the same obligor exceed the maximum total amount of allowed income withholding under Section 8.106, the employer shall pay, until that maximum is reached, in the following order of priority: (1) an equal amount toward current child support owed by the obligor in each order or writ until the employer has complied fully with each current child support obligation; (2) an equal amount toward current maintenance owed by the obligor support owed by the obligor in each order or writ until the employer has complied fully with each current child support obligation; (2) an equal amount toward current maintenance owed by the obligor in each order or writ until the employer has complied fully with each current maintenance obligation; (3) an equal amount toward child support arrearages owed by the obligor in each order or writ until the employer has complied fully with each order or writ for child support arrearages; and (4) an equal amount toward maintenance arrearages owed by the obligor in each order or writ until the employer has complied fully with each order or writ for spousal maintenance arrearages. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.208. EMPLOYER'S LIABILITY 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 of, 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) An employer who intentionally discharges an employee in violation of this section is liable to that employee for current wages, other employment benefits, and reasonable and necessary attorney's fees, court costs, and expenses incurred in enforcing the employee's rights. The court may order the fees, costs, expenses, and any postjudgment interest to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt. (d) In addition to liability imposed under Subsection (c), the court shall order with respect to an employee whose employment was suspended or terminated in violation of this section appropriate injunctive relief, including reinstatement of: (1) the employee's position with the employer; and (2) fringe benefits or seniority lost as a result of the suspension or t of this section appropriate injunctive relief, including reinstatement of: (1) the employee's position with the employer; and (2) fringe benefits or seniority lost as a result of the suspension or termination. (e) An employee may bring an action to enforce the employee's rights under this section. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 8, Subchapter E — RIGHTS AND DUTIES OF EMPLOYER Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 8, eff. September 1, 2025. Sec. 8.209. PENALTY 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 this chapter by failing to withhold income for spousal maintenance or to remit withheld income in accordance with an order or writ of withholding issued under this chapter commits an offense. (b) An offense under this section is punishable by a fine not to exceed $200 for each violation. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.210. NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW EMPLOYMENT. (a) An obligor who terminates employment with an employer who has been withholding income and the obligor's employer shall each notify the court and the obligee of: (1) the termination of employment not later than the seventh day after the date of termination; (2) the obligor's last known address; and (3) the name and address of the obligor's new employer, if known. (b) The obligor shall inform a subsequent employer of the order or writ of withholding after obtaining employment. 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