Sec. 158.309. HEARING ON MOTION TO STAY. (a) If a motion to stay is filed in the manner provided by Section 158.307, the court shall set a hearing on the motion and the clerk of court shall notify the obligor, obligee, or their authorized representatives, and the party who filed the application for judicial writ of withholding 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, except that a hearing may be held later than the 30th day after filing if both the obligor and obligee agree and waive the right to have the motion heard within 30 days.
(c) Upon hearing, the court shall:
(1) render an order for income withholding that includes a determination of the amount of child support arrearages, including medical support, dental support, and interest; or
(2) grant the motion to stay.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 59, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 911, Sec. 57, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 33, 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