Sec. 158.301. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF WITHHOLDING; FILING. (a) A notice of application for judicial writ of withholding may be filed if:
(1) a delinquency occurs in child support payments in an amount equal to or greater than the total support due for one month; or
(2) income withholding was not ordered at the time child support was ordered.
(b) The notice of application for judicial writ of withholding may be filed in the court of continuing jurisdiction by:
(1) the Title IV-D agency;
(2) the attorney representing the local domestic relations office;
(3) the attorney appointed a friend of the court as provided in Chapter 202;
(4) the obligor or obligee; or
(5) a private attorney representing the obligor or obligee.
(c) The Title IV-D agency may in a Title IV-D case file a notice of application for judicial writ of withholding on request of the obligor or obligee.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 57, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 911, Sec. 50, eff. Sept. 1, 1997.
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 D. Judicial Writ of Withholding Issued by Clerk
Section 158.301. Notice of Application for Judicial Writ of Withholding; Filing
Section 158.302. Contents of Notice of Application for Judicial Writ of Withholding
Section 158.303. Interstate Request for Income Withholding
Section 158.304. Additional Arrearages
Section 158.307. Motion to Stay Issuance of Writ of Withholding
Section 158.308. Effect of Filing Motion to Stay
Section 158.309. Hearing on Motion to Stay
Section 158.310. Special Exceptions
Section 158.312. Request for Issuance and Delivery of Writ of Withholding
Section 158.313. Issuance and Delivery of Writ of Withholding
Section 158.314. Contents of Writ of Withholding
Section 158.315. Extension of Repayment Schedule by Party; Unreasonable Hardship
Section 158.316. Payment of Amount to Be Withheld
Section 158.317. Failure to Receive Notice of Application for Judicial Writ of Withholding
Section 158.319. Issuance and Delivery of Judicial Writ of Withholding to Subsequent Employer