Sec. 158.310. SPECIAL EXCEPTIONS. (a) A defect in a notice of application for judicial writ of withholding is waived unless the respondent specially excepts in writing and cites with particularity the alleged defect, obscurity, or other ambiguity in the notice.
(b) A special exception under this section must be heard by the court before hearing the motion to stay issuance.
(c) If the court sustains an exception, the court shall provide the party filing the notice an opportunity to refile and the court shall continue the hearing to a date certain without the requirement of additional service.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 58, 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