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Tex. Fam. Code § 8.301-8.305

Tex. Fam. Code § 8.301-8.305 - Modification, Reduction, or Termination of Income Withholding (2001)

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Verbatim reference text. This is the full, unedited text of Tex. Fam. Code § 8.301-8.305, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

TEXAS FAMILY CODE Chapter 8, Subchapter G — MODIFICATION, REDUCTION, OR TERMINATION OF WITHHOL CHAPTER 8 • MAINTENANCE Subchapter G: MODIFICATION, REDUCTION, OR TERMINATION OF WITHHOLDING Sec. 8.301. AGREEMENT BY PARTIES REGARDING AMOUNT OR DURATION OF WITHHOLDING. (a) An obligor and obligee may agree to reduce or terminate income withholding for spousal maintenance on the occurrence of any contingency stated in the order. (b) The obligor and obligee may file a notarized or acknowledged request with the clerk of the court under Section 8.108 for a revised writ of withholding or notice of termination of withholding. (c) The clerk shall issue and deliver to the obligor's employer a writ of withholding that reflects the agreed revision or a notice of termination of withholding. (d) An agreement by the parties under this section does not modify the terms of an order for spousal maintenance. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.302. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING IN VOLUNTARY WITHHOLDING CASES. (a) If an obligor initiates voluntary withholding under Section 8.108, the obligee may file with the clerk of the court a notarized request signed by the obligor and the obligee for the issuance and delivery to the obligor of: (1) a modified writ of withholding that reduces the amount of withholding; or (2) a 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 8.301. (c) The clerk may charge a fee in the amount of $15 for issuing and delivering the modified writ of withholding or notice of termination. (d) An obligee may contest a modified writ of withholding or notice of termination issued under this section by req and delivering the modified writ of withholding or notice of termination. (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 8.258 not later than the 180th day after the date the obligee discovers that the writ or notice was issued. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.303. TERMINATION OF WITHHOLDING IN MANDATORY WITHHOLDING CASES. (a) An obligor for whom withholding for maintenance owed or withholding for maintenance and child support owed is mandatory may file a motion to terminate withholding. On a showing by the obligor that the obligor has complied fully with the terms of the maintenance or child support order, as applicable, the court shall render an order for the issuance and delivery to the obligor of a notice of termination of withholding. (b) The clerk shall issue and deliver the notice of termination ordered under this section to the obligor. (c) The clerk may charge a fee in the amount of $15 for issuing and delivering the notice. Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Sec. 8.304. DELIVERY OF ORDER OF REDUCTION OR TERMINATION OF WITHHOLDING. Any person may deliver to the obligor's employer a certified copy of an order that reduces the amount of spousal maintenance to be withheld or terminates the 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 1 --- TEXAS FAMILY CODE Chapter 8, Subchapter G — MODIFICATION, REDUCTION, OR TERMINATION OF WITHHOL Sec. 8.305. 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 2001, 77th Leg., ch. 807, S 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 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2

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