Sec. 8.259. SPECIAL EXCEPTIONS. (a) A defect in a notice of application for a 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 shall continue the hearing to a specified date without requiring additional service.
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