Tex. Fam. Code § 8.251

TEXAS FAMILY CODE Chapter 8, Subchapter F — WRIT OF WITHHOLDING ISSUED BY CLERK CHAPTER 8 • MAINTENANCE Subchapter F: WRIT OF WITHHOLDING ISSUED BY CLERK Sec. 8.251. NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING; FILING. (a) An obligor or obligee may file a notice of application for a writ of withholding if income withholding was not ordered at the time spousal maintenance was ordered. (b) The obligor or obligee may file the notice of application for a writ of withholding in the court that ordered the spousal maintenance under Subchapter B. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.252. CONTENTS OF NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING. The notice of application for a writ of withholding must be verified and: (1) state the amount of monthly maintenance due, including the amount of arrearages or anticipated arrearages, and the amount of disposable earnings to be withheld under a writ of withholding; (2) state that the withholding applies to each current or subsequent employer or period of employment; (3) state that the obligor's employer will be notified to begin the withholding if the obligor does not contest the withholding on or before the 10th day after the date the obligor receives the notice; (4) describe the procedures for contesting the issuance and delivery of a writ of withholding; (5) state that the obligor will be provided an opportunity for a hearing not later than the 30th day after the date of receipt of the notice of contest if the obligor contests the withholding; (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; (7) describe the actions that may be taken if the obligor contests the notice of application for a writ of withholding, includi entity of the obligor or the existence or amount of the arrearages; (7) describe the actions that may be taken if the obligor contests the notice of application for a 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 writ of withholding that the obligor may file with the clerk of the appropriate court. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.253. INTERSTATE REQUEST FOR WITHHOLDING. (a) The registration of a foreign order that provides for spousal maintenance or alimony as provided in Chapter 159 is sufficient for filing a notice of application for a writ of withholding. (b) The notice must be filed with the clerk of the court having venue as provided in Chapter 159. (c) The notice of application for a 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 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.254. ADDITIONAL ARREARAGES. If the notice of application for a writ of withholding states that the obligor has failed to pay more than one spousal maintenance payment according to the terms of the spousal maintenance order, the writ of withholding may include withholding for arrearages that accrue between the filing of the notice and the date of the hearing or the issuance of the writ. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.255. DELIVERY OF NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING; TIME OF DELIVERY. (a) The party who files a notice of application for a writ of withholding shall deliver the Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 8, Subchapter F — WRIT OF WITHHOLDING IS t of withholding shall deliver the Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 8, Subchapter F — WRIT OF WITHHOLDING ISSUED BY CLERK notice to the obligor by: (1) first-class or certified mail, return receipt requested, addressed to the obligor's last known address or place of employment; or (2) service of citation as in civil cases generally. (b) If the notice is delivered by mail, the party who filed the notice shall file with the court a certificate stating the name, address, and date the party mailed the notice. (c) The notice is considered to have been received by the obligor: (1) on the date of receipt, if the notice was mailed by certified mail; (2) on the 10th day after the date the notice was mailed, if the notice was mailed by first-class mail; or (3) on the date of service, if the notice was delivered by service of citation. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.256. MOTION TO STAY ISSUANCE OF WRIT OF WITHHOLDING. (a) The obligor may stay issuance of a writ of withholding by filing a motion to stay with the clerk of the court not later than the 10th day after the date the notice of application for a 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 the statements of fact in the motion to stay issuance of the writ are correct. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.257. EFFECT OF FILING MOTION TO STAY. If the obligor files a motion to stay as provided by Section 8.256, the clerk of the court may not deliver the writ of withholding to the obligor's employer before a hearing is held. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.258. HEARING ON MOTION TO STAY. (a) If liver the writ of withholding to the obligor's employer before a hearing is held. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.258. HEARING ON MOTION TO STAY. (a) If the obligor files a motion to stay as provided by Section 8.256, the court shall set a hearing on the motion and the clerk of the court shall notify the obligor and obligee 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 unless the obligor and obligee agree and waive the right to have the motion heard within 30 days. (c) After the hearing, the court shall: (1) render an order for income withholding that includes a determination of any amount of arrearages; or (2) grant the motion to stay. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.259. SPECIAL EXCEPTIONS. (a) A defect in a notice of application for a 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 shall continue the hearing to a specified date without requiring additional service. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.260. WRIT OF WITHHOLDING AFTER ARREARAGES ARE PAID. (a) The court may not refuse to order withholding solely on the basis that the obligor paid the arrearages after the obligor received the notice of application for a writ of withholding. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 8, Subchapter F — WRIT OF WITHHOLDING ISSUED BY CLERK (b) The court shall order that a Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 8, Subchapter F — WRIT OF WITHHOLDING ISSUED BY CLERK (b) The court shall order that a reasonable amount of income be withheld and applied toward the liquidation of arrearages, even though a judgment confirming arrearages was rendered against the obligor. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.261. REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING. (a) If a notice of application for a writ of withholding is delivered and the obligor does not file a motion to stay within the time provided by Section 8.256, 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 spousal maintenance, the amount of arrearages, and the amount to be withheld from the obligor's income. (b) The party who filed the notice may not file a request for issuance before the 11th day after the date the obligor received the notice of application for a writ of withholding. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.262. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING. The clerk of the court shall, on the filing of a request for issuance of a writ of withholding, issue and deliver the writ as provided by Subchapter D not later than the second working day after the date the request is filed. The clerk shall charge a fee in the amount of $15 for issuing the writ of withholding. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.263. CONTENTS OF WRIT OF WITHHOLDING. A writ of withholding must direct that an obligor's employer or a subsequent employer withhold from the obligor's disposable earnings an amount for current spousal maintenance and arrearages consistent with this chapter. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.264. EXTENSION OF REPA e earnings an amount for current spousal maintenance and arrearages consistent with this chapter. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.264. EXTENSION OF REPAYMENT SCHEDULE BY PARTY; UNREASONABLE HARDSHIP. A party who files a notice of application for a writ of withholding and who determines that the schedule for repaying arrearages would cause unreasonable hardship to the obligor or the obligor's family may extend the payment period in the writ. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.265. REMITTANCE OF AMOUNT TO BE WITHHELD. The obligor's employer shall remit the amount withheld to the person or office named in the writ on each pay date and shall include with the remittance the date on which the withholding occurred. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.266. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING. (a) Not later than the 30th day after the date of the first pay period after the date the obligor's employer receives a writ of withholding, the obligor may file an affidavit with the court stating that: (1) the obligor did not timely file a motion to stay because the obligor did not receive the notice of application for a writ of withholding; and (2) grounds exist for a motion to stay. (b) The obligor may: (1) file with the affidavit a motion to withdraw the writ of withholding; and (2) 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 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 8, Subchapter F — WRIT OF WITHHOLDING ISSUED BY CLERK Sec. 8.267. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING TO SUBSEQUENT EMPLOYER. (a) After t Page 3 --- TEXAS FAMILY CODE Chapter 8, Subchapter F — WRIT OF WITHHOLDING ISSUED BY CLERK Sec. 8.267. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING TO SUBSEQUENT EMPLOYER. (a) After the clerk of the court issues a writ of withholding, a party authorized to file a notice of application for a writ of withholding under this subchapter may deliver a copy of the writ to a subsequent employer of the obligor by certified mail. (b) Except as provided by an order under Section 8.152, the 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: (1) a copy of the writ of withholding with the clerk not later than the third working day after the date of delivery of the writ to the subsequent employer; and (2) the postal return receipt from the delivery to the subsequent employer not later than the third working day after the date the party receives the receipt. (d) The party shall pay the clerk a fee in the amount of $15 for filing the copy of the writ. 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 4