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 or dental 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 or dental 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 31, eff. September 1, 2018.
Structure Texas Statutes
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 C. Rights and Duties of Employer
Section 158.201. Order or Writ Binding on Employer
Section 158.202. Effective Date of and Duration of Withholding
Section 158.203. Remitting Withheld Payments
Section 158.204. Employer May Deduct Fee From Earnings
Section 158.205. Hearing Requested by Employer
Section 158.206. Liability and Obligation of Employer; Workers' Compensation Claims
Section 158.207. Employer Receiving More Than One Order or Writ
Section 158.208. Employer May Combine Amounts Withheld
Section 158.209. Employer's Penalty for Discriminatory Hiring or Discharge
Section 158.210. Fine for Noncompliance
Section 158.211. Notice of Termination of Employment and of New Employment
Section 158.212. Improper Payment
Section 158.213. Withholding From Workers' Compensation Benefits