Sec. 158.317. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR JUDICIAL WRIT OF WITHHOLDING. (a) Not later than the 30th day after the date of the first pay period following the date of delivery of the writ of withholding to the obligor's employer, the obligor may file an affidavit with the court that a motion to stay was not timely filed because the notice of application for judicial writ of withholding was not received by the obligor and that grounds exist for a motion to stay.
(b) Concurrently with the filing of the affidavit, the obligor may file a motion to withdraw the writ of withholding and request a hearing on the applicability of the writ.
(c) Income withholding may not be interrupted until after the hearing at which the court renders an order denying or modifying withholding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 63, 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