Sec. 158.302. CONTENTS OF NOTICE OF APPLICATION FOR JUDICIAL WRIT OF WITHHOLDING. The notice of application for judicial writ of withholding shall be verified and:
(1) state the amount of monthly support due, including medical support and dental support, the amount of arrearages or anticipated arrearages, including accrued interest, and the amount of wages that will be withheld in accordance with a judicial writ of withholding;
(2) state that the withholding applies to each current or subsequent employer or period of employment;
(3) state that if the obligor does not contest the withholding within 10 days after the date of receipt of the notice, the obligor's employer will be notified to begin the withholding;
(4) describe the procedures for contesting the issuance and delivery of a writ of withholding;
(5) state that if the obligor contests the withholding, the obligor will be afforded an opportunity for a hearing by the court not later than the 30th day after the date of receipt of the notice of contest;
(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, including accrued interest;
(7) describe the actions that may be taken if the obligor contests the notice of application for judicial 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 judicial writ of withholding that the obligor may file with the clerk of the appropriate court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 51, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 32, 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 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