Sec. 8.252. CONTENTS OF NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING. The notice of application for a writ of withholding must be verified and:
(1) state the amount of monthly maintenance due, including the amount of arrearages or anticipated arrearages, and the amount of disposable earnings to be withheld under a writ of withholding;
(2) state that the withholding applies to each current or subsequent employer or period of employment;
(3) state that the obligor's employer will be notified to begin the withholding if the obligor does not contest the withholding on or before the 10th day after the date the obligor receives the notice;
(4) describe the procedures for contesting the issuance and delivery of a writ of withholding;
(5) state that the obligor will be provided an opportunity for a hearing not later than the 30th day after the date of receipt of the notice of contest if the obligor contests the withholding;
(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;
(7) describe the actions that may be taken if the obligor contests the notice of application for a 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 writ of withholding that the obligor may file with the clerk of the appropriate court.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 1 - The Marriage Relationship
Subtitle C - Dissolution of Marriage
Subchapter F. Writ of Withholding Issued by Clerk
Section 8.251. Notice of Application for Writ of Withholding; Filing
Section 8.252. Contents of Notice of Application for Writ of Withholding
Section 8.253. Interstate Request for Withholding
Section 8.254. Additional Arrearages
Section 8.255. Delivery of Notice of Application for Writ of Withholding; Time of Delivery
Section 8.256. Motion to Stay Issuance of Writ of Withholding
Section 8.257. Effect of Filing Motion to Stay
Section 8.258. Hearing on Motion to Stay
Section 8.259. Special Exceptions
Section 8.260. Writ of Withholding After Arrearages Are Paid
Section 8.261. Request for Issuance and Delivery of Writ of Withholding
Section 8.262. Issuance and Delivery of Writ of Withholding
Section 8.263. Contents of Writ of Withholding
Section 8.264. Extension of Repayment Schedule by Party; Unreasonable Hardship
Section 8.265. Remittance of Amount to Be Withheld
Section 8.266. Failure to Receive Notice of Application for Writ of Withholding
Section 8.267. Issuance and Delivery of Writ of Withholding to Subsequent Employer