reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › 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 158.310. Special Exceptions

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.
2023 Texas Statutes › Family Code › 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 158.311. Arrearages

Sec. 158.311.  ARREARAGES.  (a)  Payment of arrearages after receipt of notice of application for judicial writ of withholding may not be the sole basis for the court to refuse to order withholding.
(b)  The court shall order that a reasonable amount of income be withheld to be applied toward the liquidation of arrearages, even though a judgment confirming arrearages has been rendered against the obligor.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 59, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › 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 158.312. Request for Issuance and Delivery of Writ of Withholding

Sec. 158.312.  REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING.  (a)  If a notice of application for judicial writ of withholding is delivered and a motion to stay is not filed within the time limits provided by Section 158.307, the party who filed the notice shall file with the clerk of the court a request for issuance of the writ of withholding stating the amount of current support, including medical support and dental support, the amount of arrearages, and the amount to be withheld from the obligor's income.
(b)  The request for issuance may not be filed before the 11th day after the date of receipt of the notice of application for judicial writ of withholding by the obligor.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 60, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 556, Sec. 30, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 34, eff. September 1, 2018.
2023 Texas Statutes › Family Code › 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 158.313. Issuance and Delivery of Writ of Withholding

Sec. 158.313.  ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING.  (a)  On the filing of a request for issuance of a writ of withholding, the clerk of the court shall issue the writ.
(b)  The writ shall be delivered as provided by Subchapter B.
(c)  The clerk shall issue and mail the writ not later than the second working day after the date the request is filed.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › 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 158.314. Contents of Writ of Withholding

Sec. 158.314.  CONTENTS OF WRIT OF WITHHOLDING.  The judicial writ of income withholding issued by the clerk must direct that the employer or a subsequent employer withhold from the obligor's disposable income for current child support, including medical support and dental support, and child support arrearages an amount that is consistent with the provisions of this chapter regarding orders of withholding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 61, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 35, eff. September 1, 2018.
2023 Texas Statutes › Family Code › 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 158.315. Extension of Repayment Schedule by Party; Unreasonable Hardship

Sec. 158.315.  EXTENSION OF REPAYMENT SCHEDULE BY PARTY;  UNREASONABLE HARDSHIP.  If the party who filed the notice of application for judicial writ of withholding finds that the schedule for repaying arrearages would cause the obligor, the obligor's family, or the children for whom the support is due from the obligor to suffer unreasonable hardship, the party may extend the payment period in the writ.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 62, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › 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 158.316. Payment of Amount to Be Withheld

Sec. 158.316.  PAYMENT OF AMOUNT TO BE WITHHELD.  The amount to be withheld shall be paid to the person or office named in the writ on each pay date and shall include with the payment the date on which the withholding occurred.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › 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 158.317. Failure to Receive Notice of Application for Judicial Writ of Withholding

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.
2023 Texas Statutes › Family Code › 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 158.319. Issuance and Delivery of Judicial Writ of Withholding to Subsequent Employer

Sec. 158.319.  ISSUANCE AND DELIVERY OF JUDICIAL WRIT OF WITHHOLDING TO SUBSEQUENT EMPLOYER.  (a)  After the issuance of a judicial writ of withholding by the clerk, a party authorized to file a notice of application for judicial writ of withholding under this subchapter may issue the judicial writ of withholding to a subsequent employer of the obligor by delivering to the employer by certified mail a copy of the writ.
(b)  The judicial writ of withholding must include the name, address, and signature of the party and clearly indicate that the writ is being issued to a subsequent employer.
(c)  The party shall file a copy of the judicial writ of withholding with the clerk not later than the third working day following delivery of the writ to the subsequent employer.  The party shall pay the clerk a fee of $15 at the time the copy of the writ is filed.
(d)  The party shall file the postal return receipt from the delivery to the subsequent employer not later than the third working day after the party receives the receipt.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 60, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 64, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › 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 E. Modification, Reduction, or Termination of Withholding › Section 158.401. Modifications to or Termination of Withholding by Title Iv-D Agency

Sec. 158.401.  MODIFICATIONS TO OR TERMINATION OF WITHHOLDING BY TITLE IV-D AGENCY.  (a)  The Title IV-D agency shall establish procedures for the reduction in the amount of or termination of withholding from income on the liquidation of an arrearages or the termination of the obligation of support in Title IV-D cases.  The procedures shall provide that the payment of overdue support may not be used as the sole basis for terminating withholding.
(b)  At the request of the Title IV-D agency, the clerk of the court shall issue a judicial writ of withholding to the obligor's employer reflecting any modification or changes in the amount to be withheld or the termination of withholding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 65, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › 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 E. Modification, Reduction, or Termination of Withholding › Section 158.402. Agreement by Parties Regarding Amount or Duration of Withholding

Sec. 158.402.  AGREEMENT BY PARTIES REGARDING AMOUNT OR DURATION OF WITHHOLDING.  (a)  An obligor and obligee may agree on a reduction in or termination of income withholding for child support on the occurrence of one of the following contingencies stated in the order:
(1)  the child becomes 18 years of age or is graduated from high school, whichever is later;
(2)  the child's disabilities of minority are removed by marriage, court order, or other operation of law;  or
(3)  the child dies.
(b)  The obligor and obligee may file a notarized or acknowledged request with the clerk of the court under Section 158.011 for a revised judicial writ of withholding, including the termination of withholding.
(c)  The clerk shall issue and deliver to an employer of the obligor a judicial writ of withholding that reflects the agreed revision or termination of withholding.
(d)  An agreement by the parties under this section does not modify the terms of a support order.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 61, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 66, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › 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 E. Modification, Reduction, or Termination of Withholding › Section 158.403. Modifications to or Termination of Withholding in Voluntary Withholding Cases

Sec. 158.403.  MODIFICATIONS TO OR TERMINATION OF WITHHOLDING IN VOLUNTARY WITHHOLDING CASES.  (a)  If an obligor initiates voluntary withholding under Section 158.011, the obligee or an agency providing child support services may file with the clerk of the court a notarized request signed by the obligor and the obligee or agency, as appropriate, for the issuance and delivery to the obligor of a:
(1)  modified writ of withholding that reduces the amount of withholding;  or
(2)  notice of termination of withholding.
(b)  On receipt of a request under this section, the clerk shall issue and deliver a modified writ of withholding or notice of termination in the manner provided by Section 158.402.
(c)  The clerk may charge a reasonable fee not to exceed $15 for filing the request.
(d)  An obligee may contest a modified writ of withholding or notice of termination issued under this section by requesting a hearing in the manner provided by Section 158.309 not later than the 180th day after the date the obligee discovers that the writ or notice has been issued.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 61, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › 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 E. Modification, Reduction, or Termination of Withholding › Section 158.404. Delivery of Order of Reduction or Termination of Withholding

Sec. 158.404.  DELIVERY OF ORDER OF REDUCTION OR TERMINATION OF WITHHOLDING.  If a court has rendered an order that reduces the amount of child support to be withheld or terminates withholding for child support, any person or governmental entity may deliver to the employer a certified copy of the order without the requirement that the clerk of the court deliver the order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Renumbered from Sec. 158.402 by Acts 1995, 74th Leg., ch. 751, Sec. 61, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › 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 E. Modification, Reduction, or Termination of Withholding › Section 158.405. Liability of Employers

Sec. 158.405.  LIABILITY OF EMPLOYERS.  The provisions of this chapter regarding the liability of employers for withholding apply to an order that reduces or terminates withholding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Renumbered from Sec. 158.403 by Acts 1995, 74th Leg., ch. 751, Sec. 61, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › 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 F. Administrative Writ of Withholding › Section 158.501. Issuance of Administrative Writ of Withholding

Sec. 158.501.  ISSUANCE OF ADMINISTRATIVE WRIT OF WITHHOLDING.  (a)  The Title IV-D agency may initiate income withholding by issuing an administrative writ of withholding for the enforcement of an existing order as authorized by this subchapter.
(b)  Except as provided by Subsection (d), the Title IV-D agency is the only entity that may issue an administrative writ under this subchapter.
(c)  The Title IV-D agency may use the procedures authorized by this subchapter to enforce a support order rendered by a tribunal of another state regardless of whether the order has been registered under Chapter 159.
(d)  A domestic relations office may issue an administrative writ of withholding under this chapter in a proceeding in which the office is providing child support enforcement services.  A reference in this code to the Title IV-D agency that relates to an administrative writ includes a domestic relations office, except that the writ must be in the form prescribed by the Title IV-D agency under Section 158.504.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 31, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1023, Sec. 40, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 199 (H.B. 1182), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 199 (H.B. 1182), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Family Code › 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 F. Administrative Writ of Withholding › Section 158.502. When Administrative Writ of Withholding May Be Issued

Sec. 158.502.  WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE ISSUED.  (a)  An administrative writ of withholding under this subchapter may be issued by the Title IV-D agency at any time until all current support, including medical support and dental support, child support arrearages, and Title IV-D service fees authorized under Section 231.103 for which the obligor is responsible have been paid.  The writ issued under this subsection may be based on an obligation in more than one support order.
(b)  The Title IV-D agency may issue an administrative writ of withholding that directs that an amount be withheld for an arrearage or adjusts the amount to be withheld for an arrearage.  An administrative writ issued under this subsection may be contested as provided by Section 158.506.
(c)  The Title IV-D agency may issue an administrative writ of withholding as a reissuance of an existing withholding order on file with the court of continuing jurisdiction or a tribunal of another state.  The administrative writ under this subsection is not subject to the contest provisions of Sections 158.505(a)(2) and 158.506.
(d)  The Title IV-D agency may issue an administrative writ of withholding to direct child support payments to the state disbursement unit of another state.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 31, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1023, Sec. 41, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1247, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 35, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 36, eff. September 1, 2018.
2023 Texas Statutes › Family Code › 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 F. Administrative Writ of Withholding › Section 158.503. Delivery of Administrative Writ to Employer; Filing With Court or Maintaining Record

Sec. 158.503.  DELIVERY OF ADMINISTRATIVE WRIT TO EMPLOYER; FILING WITH COURT OR MAINTAINING RECORD.  (a)  An administrative writ of withholding issued under this subchapter may be delivered to an employer by mail or by electronic transmission.
(b)  The Title IV-D agency shall:
(1)  not later than the third business day after the date of delivery of the administrative writ of withholding to an employer, file a copy of the writ, together with a signed certificate of service, in the court of continuing jurisdiction; or
(2)  maintain a record of the writ until all support obligations of the obligor have been satisfied or income withholding has been terminated as provided by this chapter.
(b-1)  The certificate of service required under Subsection (b)(1) may be signed electronically.
(c)  The copy of the administrative writ of withholding filed with the clerk of court must include:
(1)  the name, address, and signature of the authorized attorney or individual that issued the writ;
(2)  the name and address of the employer served with the writ;  and
(3)  a true copy of the information provided to the employer.
(d)  The clerk of the court may charge a reasonable fee not to exceed $15 for filing an administrative writ under this section.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 32, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 116, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1023, Sec. 42, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 10, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 11, eff. September 1, 2011.
2023 Texas Statutes › Family Code › 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 F. Administrative Writ of Withholding › Section 158.504. Contents of Administrative Writ of Withholding

Sec. 158.504.  CONTENTS OF ADMINISTRATIVE WRIT OF WITHHOLDING.  (a)  The administrative writ of withholding must be in the form prescribed by the Title IV-D agency as required by this chapter and in a standard format authorized by the United States Department of Health and Human Services.
(b)  An administrative writ of withholding issued under this subchapter may contain only the information that is necessary for the employer to withhold income for child support, medical support, and dental support and shall specify the place where the withheld income is to be paid.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 33, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1023, Sec. 43, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 37, eff. September 1, 2018.
2023 Texas Statutes › Family Code › 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 F. Administrative Writ of Withholding › Section 158.505. Notice to Obligor

Sec. 158.505.  NOTICE TO OBLIGOR.  (a)  On issuance of an administrative writ of withholding, the Title IV-D agency shall send the obligor:
(1)  notice that the withholding has commenced, including, if the writ is issued as provided by Section 158.502(b), the amount of the arrearages, including accrued interest;
(2)  except as provided by Section 158.502(c), notice of the procedures to follow if the obligor desires to contest withholding on the grounds that the identity of the obligor or the existence or amount of arrearages is incorrect;  and
(3)  a copy of the administrative writ, including the information concerning income withholding provided to the employer.
(b)  The notice required under this section may be sent to the obligor by:
(1)  personal delivery by a person designated by the Title IV-D agency;
(2)  first-class mail or certified mail, return receipt requested, addressed to the obligor's last known address;  or
(3)  service of citation as in civil cases generally.
(c)  Repealed by Acts 1999, 76th Leg., ch. 556, Sec. 81, eff. Sept. 1, 1999.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 34, 81, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1023, Sec. 44, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › 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 F. Administrative Writ of Withholding › Section 158.506. Contest by Obligor to Administrative Writ of Withholding

Sec. 158.506.  CONTEST BY OBLIGOR TO ADMINISTRATIVE WRIT OF WITHHOLDING.  (a)  Except as provided by Section 158.502(c), an obligor receiving the notice under Section 158.505 may request a review by the Title IV-D agency to resolve any issue in dispute regarding the identity of the obligor or the existence or amount of arrearages.  The Title IV-D agency shall provide an opportunity for a review, by telephonic conference or in person, as may be appropriate under the circumstances.
(b)  After a review under this section, the Title IV-D agency may issue a new administrative writ of withholding to the employer, including a writ modifying the amount to be withheld or terminating withholding.
(c)  If a review under this section fails to resolve any issue in dispute, the obligor may file a motion with the court to withdraw the administrative writ of withholding and request a hearing with the court not later than the 30th day after receiving notice of the agency's determination.  Income withholding may not be interrupted pending a hearing by the court.
(d)  If an administrative writ of withholding issued under this subchapter is based on an order of a tribunal of another state that has not been registered under Chapter 159, the obligor may file a motion with an appropriate court in accordance with Subsection (c).
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 35, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 36, eff. September 1, 2007.
2023 Texas Statutes › Family Code › 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 F. Administrative Writ of Withholding › Section 158.507. Administrative Writ Terminating Withholding

Sec. 158.507.  ADMINISTRATIVE WRIT TERMINATING WITHHOLDING.  An administrative writ to terminate withholding may be issued and delivered to an employer by the Title IV-D agency when all current support, including medical support and dental support, child support arrearages, and Title IV-D service fees authorized under Section 231.103 for which the obligor is responsible have been paid.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 67, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 37, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 38, eff. September 1, 2018.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter A. Conflicts Between Provisions › Section 159.001. Conflicts Between Provisions

Sec. 159.001.  CONFLICTS BETWEEN PROVISIONS.  If a provision of this chapter conflicts with a provision of this title or another statute or rule of this state and the conflict cannot be reconciled, this chapter prevails.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter B. General Provisions › Section 159.101. Short Title

Sec. 159.101.  SHORT TITLE.  This chapter may be cited as the Uniform Interstate Family Support Act.
Added by Acts 2003, 78th Leg., ch. 1247, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter B. General Provisions › Section 159.103. State Tribunal and Support Enforcement Agency

Sec. 159.103.  STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY.  (a) The court is the tribunal of this state.
(b)  The office of the attorney general is the support enforcement agency of this state.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 607, Sec. 2, eff. Sept. 1, 1997.  Renumbered from Family Code Sec. 159.102 by Acts 2003, 78th Leg., ch. 1247, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 2, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter B. General Provisions › Section 159.104. Remedies Cumulative

Sec. 159.104.  REMEDIES CUMULATIVE.  (a)  Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
(b)  This chapter does not:
(1)  provide the exclusive method of establishing or enforcing a support order under the law of this state; or
(2)  grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Renumbered from Family Code Sec. 159.103 and amended by Acts 2003, 78th Leg., ch. 1247, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 3, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter B. General Provisions › Section 159.105. Application of Chapter to Resident of Foreign Country and Foreign Support Proceeding

Sec. 159.105.  APPLICATION OF CHAPTER TO RESIDENT OF FOREIGN COUNTRY AND FOREIGN SUPPORT PROCEEDING.  (a) A tribunal of this state shall apply Subchapters B through G and, as applicable, Subchapter H to a support proceeding involving:
(1)  a foreign support order;
(2)  a foreign tribunal; or
(3)  an obligee, obligor, or child residing in a foreign country.
(b)  A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Subchapters B through G.
(c)  Subchapter H applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Subchapter H is inconsistent with Subchapters B through G, Subchapter H controls.
Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 4, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter C. Jurisdiction › Section 159.201. Bases for Jurisdiction Over Nonresident

Sec. 159.201.  BASES FOR JURISDICTION OVER NONRESIDENT.  (a)  In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(1)  the individual is personally served with citation in this state;
(2)  the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3)  the individual resided with the child in this state;
(4)  the individual resided in this state and provided prenatal expenses or support for the child;
(5)  the child resides in this state as a result of the acts or directives of the individual;
(6)  the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(7)  the individual asserted parentage of a child in the paternity registry maintained in this state by the vital statistics unit; or
(8)  there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(b)  The bases of personal jurisdiction listed in Subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Section 159.611 are met, or, in the case of a foreign support order, unless the requirements of Section 159.615 are met.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 561, Sec. 5, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1247, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.054, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 5, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter C. Jurisdiction › Section 159.202. Duration of Personal Jurisdiction

Sec. 159.202.  DURATION OF PERSONAL JURISDICTION.  Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as the tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 159.205, 159.206, and 159.211.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 6, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter C. Jurisdiction › Section 159.203. Initiating and Responding Tribunal of State

Sec. 159.203.  INITIATING AND RESPONDING TRIBUNAL OF STATE.  Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 607, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 7, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter C. Jurisdiction › Section 159.204. Simultaneous Proceedings

Sec. 159.204.  SIMULTANEOUS PROCEEDINGS.  (a)  A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(1)  the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2)  the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3)  if relevant, this state is the home state of the child.
(b)  A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1)  the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(2)  the contesting party timely challenges the exercise of jurisdiction in this state; and
(3)  if relevant, the other state or foreign country is the home state of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 8, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter C. Jurisdiction › Section 159.205. Continuing, Exclusive Jurisdiction to Modify Child Support Order

Sec. 159.205.  CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT ORDER.  (a)  A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(1)  at the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2)  even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(b)  A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(1)  all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2)  the tribunal's order is not the controlling order.
(c)  If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d)  A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e)  A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(f)  Repealed by Acts 2003, 78th Leg., ch. 1247, Sec. 46.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 607, Sec. 4, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1247, Sec. 7, 8, 46, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 9, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter C. Jurisdiction › Section 159.206. Continuing Jurisdiction to Enforce Child Support Order

Sec. 159.206.   CONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER.  (a)  A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1)  the order, if the order:
(A)  is the controlling order; and
(B)  has not been modified by a tribunal of another state that assumed jurisdiction under the Uniform Interstate Family Support Act; or
(2)  a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(b)  A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 10, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter C. Jurisdiction › Section 159.208. Child Support Orders for Two or More Obligees

Sec. 159.208.  CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES.  In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 12, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter C. Jurisdiction › Section 159.209. Credit for Payments

Sec. 159.209.  CREDIT FOR PAYMENTS.  A tribunal of this state shall credit amounts collected for a particular period under any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or a foreign country.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 13, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter C. Jurisdiction › Section 159.210. Application of Chapter to Nonresident Subject to Personal Jurisdiction

Sec. 159.210.  APPLICATION OF CHAPTER TO NONRESIDENT SUBJECT TO PERSONAL JURISDICTION.  A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter or under other law of this state relating to a support order or recognizing a foreign support order may receive evidence from outside this state as provided by Section 159.316, communicate with a tribunal outside this state as provided by Section 159.317, and obtain discovery through a tribunal outside this state as provided by Section 159.318.  In all other respects, Subchapters D, E, F, and G do not apply and the tribunal shall apply the procedural and substantive law of this state.
Added by Acts 2003, 78th Leg., ch. 1247, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 14, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter C. Jurisdiction › Section 159.211. Continuing, Exclusive Jurisdiction to Modify Spousal Support Order

Sec. 159.211.  CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL SUPPORT ORDER.  (a)  A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(b)  A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c)  A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:
(1)  an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state;  or
(2)  a responding tribunal to enforce or modify its own spousal support order.
Added by Acts 2003, 78th Leg., ch. 1247, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 15, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter D. Civil Provisions of General Application › Section 159.301. Proceedings Under Chapter

Sec. 159.301.  PROCEEDINGS UNDER CHAPTER.  (a)  Except as otherwise provided in this chapter, this subchapter applies to all proceedings under this chapter.
(b)  Repealed by Acts 2003, 78th Leg., ch. 1247, Sec. 46.
(c)  An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or foreign country that has or can obtain personal jurisdiction over the respondent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 607, Sec. 6, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1247, Sec. 13, 46, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538), Sec. 16, eff. July 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 159 - Uniform Interstate Family Support Act › Subchapter D. Civil Provisions of General Application › Section 159.302. Proceeding by Minor Parent

Sec. 159.302.  PROCEEDING BY MINOR PARENT.  A minor parent or a guardian or other legal representative of a minor parent may maintain a proceeding on behalf of or for the benefit of the minor's child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 14, eff. Sept. 1, 2003.