Sec. 8.266. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING. (a) Not later than the 30th day after the date of the first pay period after the date the obligor's employer receives a writ of withholding, the obligor may file an affidavit with the court stating that:
(1) the obligor did not timely file a motion to stay because the obligor did not receive the notice of application for a writ of withholding; and
(2) grounds exist for a motion to stay.
(b) The obligor may:
(1) file with the affidavit a motion to withdraw the writ of withholding; and
(2) 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 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