reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter D. Procedure › Section 8.153. Request for Issuance of Order or Writ of Withholding

Sec. 8.153.  REQUEST FOR ISSUANCE OF ORDER OR WRIT OF WITHHOLDING.  An obligor or obligee may file with the clerk of the court a request for issuance of an order or writ of withholding.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter D. Procedure › Section 8.154. Issuance and Delivery of Order or Writ of Withholding

Sec. 8.154.  ISSUANCE AND DELIVERY OF ORDER OR WRIT OF WITHHOLDING.  (a)  On receipt of a request for issuance of an order or writ of withholding, the clerk of the court shall deliver a certified copy of the order or writ to the obligor's current employer or to any subsequent employer of the obligor.  The clerk shall attach a copy of Subchapter E to the order or writ.
(b)  Not later than the fourth working day after the date the order is signed or the request is filed, whichever is later, the clerk shall issue and deliver the certified copy of the order or writ by:
(1)  certified or registered mail, return receipt requested, to the employer;  or
(2)  service of citation to:
(A)  the person authorized to receive service of process for the employer in civil cases generally;  or
(B)  a person designated by the employer by written notice to the clerk to receive orders or notices of income withholding.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter E. Rights and Duties of Employer › Section 8.201. Order or Writ Binding on Employer

Sec. 8.201.  ORDER OR WRIT BINDING ON EMPLOYER.  (a)  An employer required to withhold income from earnings under this chapter is not entitled to notice of the proceedings before the order of withholding is rendered or writ of withholding is issued.
(b)  An order or writ of withholding is binding on an employer regardless of whether the employer is specifically named in the order or writ.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter E. Rights and Duties of Employer › Section 8.202. Effective Date and Duration of Income Withholding

Sec. 8.202.  EFFECTIVE DATE AND DURATION OF INCOME WITHHOLDING.  An employer shall begin to withhold income in accordance with an order or writ of withholding not later than the first pay period after the date the order or writ was delivered to the employer.  The employer shall continue to withhold income as required by the order or writ as long as the obligor is employed by the employer.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter E. Rights and Duties of Employer › Section 8.203. Remitting Withheld Payments

Sec. 8.203.  REMITTING WITHHELD PAYMENTS.  (a)  The employer shall remit to the person or office named in the order or writ of withholding the amount of income withheld from an obligor on each pay date.  The remittance must include the date on which the income withholding occurred.
(b)  The employer shall include with each remittance:
(1)  the cause number of the suit under which income withholding is required;
(2)  the payor's name;  and
(3)  the payee's name, unless the remittance is made by electronic funds transfer.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter E. Rights and Duties of Employer › Section 8.204. Employer May Deduct Fee From Earnings

Sec. 8.204.  EMPLOYER MAY DEDUCT FEE FROM EARNINGS.  An employer may deduct an administrative fee of not more than $5 each month from the obligor's disposable earnings in addition to the amount withheld as spousal maintenance.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter E. Rights and Duties of Employer › Section 8.205. Hearing Requested by Employer

Sec. 8.205.  HEARING REQUESTED BY EMPLOYER.  (a)  Not later than the 20th day after the date an order or writ of withholding is delivered to an employer, the employer may file with the court a motion for a hearing on the applicability of the order or writ to the employer.
(b)  The hearing under this section must be held on or before the 15th day after the date the motion is made.
(c)  An order or writ of withholding is binding and the employer shall continue to withhold income and remit the amount withheld pending further order of the court.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter E. Rights and Duties of Employer › Section 8.206. Liability and Obligation of Employer for Payments

Sec. 8.206.  LIABILITY AND OBLIGATION OF EMPLOYER FOR PAYMENTS.  (a)  An employer who complies with an order or writ of withholding under this chapter is not liable to the obligor for the amount of income withheld and remitted as required by the order or writ.
(b)  An employer who receives, but does not comply with, an order or writ of withholding is liable to:
(1)  the obligee for any amount of spousal maintenance not paid in compliance with the order or writ;
(2)  the obligor for any amount withheld from the obligor's disposable earnings, but not remitted to the obligee;  and
(3)  the obligee or obligor for reasonable attorney's fees and court costs incurred in recovering an amount described by Subdivision (1) or (2).
(c)  An employer shall comply with an order of withholding for spousal maintenance or alimony issued in another state that appears regular on its face in the same manner as an order issued by a tribunal of this state.  The employer shall notify the employee of the order and comply with the order in the manner provided by Subchapter F, Chapter 159, with respect to an order of withholding for child support issued by another state.  The employer may contest the order of withholding in the manner provided by that subchapter with respect to an order of withholding for child support issued by another state.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter E. Rights and Duties of Employer › Section 8.207. Employer Receiving Multiple Orders or Writs

Sec. 8.207.  EMPLOYER RECEIVING MULTIPLE ORDERS OR WRITS.  (a)  An employer who receives more than one order or writ of withholding to withhold income from the same obligor shall withhold the combined amounts due under each order or writ unless the combined amounts due exceed the maximum total amount of allowed income withholding under Section 8.106.
(b)  If the combined amounts to be withheld under multiple orders or writs for the same obligor exceed the maximum total amount of allowed income withholding under Section 8.106, the employer shall pay, until that maximum is reached, in the following order of priority:
(1)  an equal amount toward current child support owed by the obligor in each order or writ until the employer has complied fully with each current child support obligation;
(2)  an equal amount toward current maintenance owed by the obligor in each order or writ until the employer has complied fully with each current maintenance obligation;
(3)  an equal amount toward child support arrearages owed by the obligor in each order or writ until the employer has complied fully with each order or writ for child support arrearages;  and
(4)  an equal amount toward maintenance arrearages owed by the obligor in each order or writ until the employer has complied fully with each order or writ for spousal maintenance arrearages.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter E. Rights and Duties of Employer › Section 8.208. Employer's Liability for Discriminatory Hiring or Discharge

Sec. 8.208.  EMPLOYER'S LIABILITY FOR DISCRIMINATORY HIRING OR DISCHARGE.  (a)  An employer may not use an order or writ of withholding as grounds in whole or part for the termination of employment of, or for any other disciplinary action against, an employee.
(b)  An employer may not refuse to hire an employee because of an order or writ of withholding.
(c)  An employer who intentionally discharges an employee in violation of this section is liable to that employee for current wages, other employment benefits, and reasonable attorney's fees and court costs incurred in enforcing the employee's rights.
(d)  In addition to liability imposed under Subsection (c), the court shall order with respect to an employee whose employment was suspended or terminated in violation of this section appropriate injunctive relief, including reinstatement of:
(1)  the employee's position with the employer;  and
(2)  fringe benefits or seniority lost as a result of the suspension or termination.
(e)  An employee may bring an action to enforce the employee's rights under this section.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter E. Rights and Duties of Employer › Section 8.209. Penalty for Noncompliance

Sec. 8.209.  PENALTY FOR NONCOMPLIANCE.  (a)  In addition to the civil remedies provided by this subchapter or any other remedy provided by law, an employer who knowingly violates this chapter by failing to withhold income for spousal maintenance or to remit withheld income in accordance with an order or writ of withholding issued under this chapter commits an offense.
(b)  An offense under this section is punishable by a fine not to exceed $200 for each violation.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter E. Rights and Duties of Employer › Section 8.210. Notice of Termination of Employment and of New Employment

Sec. 8.210.  NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW EMPLOYMENT.  (a)  An obligor who terminates employment with an employer who has been withholding income and the obligor's employer shall each notify the court and the obligee of:
(1)  the termination of employment not later than the seventh day after the date of termination;
(2)  the obligor's last known address;  and
(3)  the name and address of the obligor's new employer, if known.
(b)  The obligor shall inform a subsequent employer of the order or writ of withholding after obtaining employment.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.251. Notice of Application for Writ of Withholding; Filing

Sec. 8.251.  NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING;  FILING.  (a)  An obligor or obligee may file a notice of application for a writ of withholding if income withholding was not ordered at the time spousal maintenance was ordered.
(b)  The obligor or obligee may file the notice of application for a writ of withholding in the court that ordered the spousal maintenance under Subchapter B.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.252. Contents of Notice of Application for Writ of Withholding

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.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.253. Interstate Request for Withholding

Sec. 8.253.  INTERSTATE REQUEST FOR WITHHOLDING.  (a)  The registration of a foreign order that provides for spousal maintenance or alimony as provided in Chapter 159 is sufficient for filing a notice of application for a writ of withholding.
(b)  The notice must be filed with the clerk of the court having venue as provided in Chapter 159.
(c)  The notice of application for a writ of withholding may be delivered to the obligor at the same time that an order is filed for registration under Chapter 159.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.254. Additional Arrearages

Sec. 8.254.  ADDITIONAL ARREARAGES.  If the notice of application for a writ of withholding states that the obligor has failed to pay more than one spousal maintenance payment according to the terms of the spousal maintenance order, the writ of withholding may include withholding for arrearages that accrue between the filing of the notice and the date of the hearing or the issuance of the writ.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.255. Delivery of Notice of Application for Writ of Withholding; Time of Delivery

Sec. 8.255.  DELIVERY OF NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING;  TIME OF DELIVERY.  (a)  The party who files a notice of application for a writ of withholding shall deliver the notice to the obligor by:
(1)  first-class or certified mail, return receipt requested, addressed to the obligor's last known address or place of employment;  or
(2)  service of citation as in civil cases generally.
(b)  If the notice is delivered by mail, the party who filed the notice shall file with the court a certificate stating the name, address, and date the party mailed the notice.
(c)  The notice is considered to have been received by the obligor:
(1)  on the date of receipt, if the notice was mailed by certified mail;
(2)  on the 10th day after the date the notice was mailed, if the notice was mailed by first-class mail;  or
(3)  on the date of service, if the notice was delivered by service of citation.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.256. Motion to Stay Issuance of Writ of Withholding

Sec. 8.256.  MOTION TO STAY ISSUANCE OF WRIT OF WITHHOLDING.  (a)  The obligor may stay issuance of a writ of withholding by filing a motion to stay with the clerk of the court not later than the 10th day after the date the notice of application for a writ of withholding was received.
(b)  The grounds for filing a motion to stay issuance are limited to a dispute concerning the identity of the obligor or the existence or the amount of the arrearages.
(c)  The obligor shall verify that the statements of fact in the motion to stay issuance of the writ are correct.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.257. Effect of Filing Motion to Stay

Sec. 8.257.  EFFECT OF FILING MOTION TO STAY.  If the obligor files a motion to stay as provided by Section 8.256, the clerk of the court may not deliver the writ of withholding to the obligor's employer before a hearing is held.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.258. Hearing on Motion to Stay

Sec. 8.258.  HEARING ON MOTION TO STAY.  (a)  If the obligor files a motion to stay as provided by Section 8.256, the court shall set a hearing on the motion and the clerk of the court shall notify the obligor and obligee of the date, time, and place of the hearing.
(b)  The court shall hold a hearing on the motion to stay not later than the 30th day after the date the motion was filed unless the obligor and obligee agree and waive the right to have the motion heard within 30 days.
(c)  After the hearing, the court shall:
(1)  render an order for income withholding that includes a determination of any amount of arrearages;  or
(2)  grant the motion to stay.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.259. Special Exceptions

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.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.260. Writ of Withholding After Arrearages Are Paid

Sec. 8.260.  WRIT OF WITHHOLDING AFTER ARREARAGES ARE PAID.  (a)  The court may not refuse to order withholding solely on the basis that the obligor paid the arrearages after the obligor received the notice of application for a writ of withholding.
(b)  The court shall order that a reasonable amount of income be withheld and applied toward the liquidation of arrearages, even though a judgment confirming arrearages was rendered against the obligor.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.261. Request for Issuance and Delivery of Writ of Withholding

Sec. 8.261.  REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING.  (a)  If a notice of application for a writ of withholding is delivered and the obligor does not file a motion to stay within the time provided by Section 8.256, 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 spousal maintenance, the amount of arrearages, and the amount to be withheld from the obligor's income.
(b)  The party who filed the notice may not file a request for issuance before the 11th day after the date the obligor received the notice of application for a writ of withholding.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.262. Issuance and Delivery of Writ of Withholding

Sec. 8.262.  ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING.  The clerk of the court shall, on the filing of a request for issuance of a writ of withholding, issue and deliver the writ as provided by Subchapter D not later than the second working day after the date the request is filed.  The clerk shall charge a fee in the amount of $15 for issuing the writ of withholding.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.263. Contents of Writ of Withholding

Sec. 8.263.  CONTENTS OF WRIT OF WITHHOLDING.  A writ of withholding must direct that an obligor's employer or a subsequent employer withhold from the obligor's disposable earnings an amount for current spousal maintenance and arrearages consistent with this chapter.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.264. Extension of Repayment Schedule by Party; Unreasonable Hardship

Sec. 8.264.  EXTENSION OF REPAYMENT SCHEDULE BY PARTY;  UNREASONABLE HARDSHIP.  A party who files a notice of application for a writ of withholding and who determines that the schedule for repaying arrearages would cause unreasonable hardship to the obligor or the obligor's family may extend the payment period in the writ.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.265. Remittance of Amount to Be Withheld

Sec. 8.265.  REMITTANCE OF AMOUNT TO BE WITHHELD.  The obligor's employer shall remit the amount withheld to the person or office named in the writ on each pay date and shall include with the remittance the date on which the withholding occurred.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.266. Failure to Receive Notice of Application for Writ of Withholding

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.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter F. Writ of Withholding Issued by Clerk › Section 8.267. Issuance and Delivery of Writ of Withholding to Subsequent Employer

Sec. 8.267.  ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING TO SUBSEQUENT EMPLOYER.  (a)  After the clerk of the court issues a writ of withholding, a party authorized to file a notice of application for a writ of withholding under this subchapter may deliver a copy of the writ to a subsequent employer of the obligor by certified mail.
(b)  Except as provided by an order under Section 8.152, the 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:
(1)  a copy of the writ of withholding with the clerk not later than the third working day after the date of delivery of the writ to the subsequent employer;  and
(2)  the postal return receipt from the delivery to the subsequent employer not later than the third working day after the date the party receives the receipt.
(d)  The party shall pay the clerk a fee in the amount of $15 for filing the copy of the writ.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter G. Modification, Reduction, or Termination of Withholding › Section 8.301. Agreement by Parties Regarding Amount or Duration of Withholding

Sec. 8.301.  AGREEMENT BY PARTIES REGARDING AMOUNT OR DURATION OF WITHHOLDING.  (a)  An obligor and obligee may agree to reduce or terminate income withholding for spousal maintenance on the occurrence of any contingency stated in the order.
(b)  The obligor and obligee may file a notarized or acknowledged request with the clerk of the court under Section 8.108 for a revised writ of withholding or notice of termination of withholding.
(c)  The clerk shall issue and deliver to the obligor's employer a writ of withholding that reflects the agreed revision or a notice of termination of withholding.
(d)  An agreement by the parties under this section does not modify the terms of an order for spousal maintenance.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter G. Modification, Reduction, or Termination of Withholding › Section 8.302. Modifications to or Termination of Withholding in Voluntary Withholding Cases

Sec. 8.302.  MODIFICATIONS TO OR TERMINATION OF WITHHOLDING IN VOLUNTARY WITHHOLDING CASES.  (a)  If an obligor initiates voluntary withholding under Section 8.108, the obligee may file with the clerk of the court a notarized request signed by the obligor and the obligee for the issuance and delivery to the obligor of:
(1)  a modified writ of withholding that reduces the amount of withholding;  or
(2)  a 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 8.301.
(c)  The clerk may charge a fee in the amount of $15 for issuing and delivering the modified writ of withholding or notice of termination.
(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 8.258 not later than the 180th day after the date the obligee discovers that the writ or notice was issued.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter G. Modification, Reduction, or Termination of Withholding › Section 8.303. Termination of Withholding in Mandatory Withholding Cases

Sec. 8.303.  TERMINATION OF WITHHOLDING IN MANDATORY WITHHOLDING CASES.  (a)  An obligor for whom withholding for maintenance owed or withholding for maintenance and child support owed is mandatory may file a motion to terminate withholding.  On a showing by the obligor that the obligor has complied fully with the terms of the maintenance or child support order, as applicable, the court shall render an order for the issuance and delivery to the obligor of a notice of termination of withholding.
(b)  The clerk shall issue and deliver the notice of termination ordered under this section to the obligor.
(c)  The clerk may charge a fee in the amount of $15 for issuing and delivering the notice.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter G. Modification, Reduction, or Termination of Withholding › Section 8.304. Delivery of Order of Reduction or Termination of Withholding

Sec. 8.304.  DELIVERY OF ORDER OF REDUCTION OR TERMINATION OF WITHHOLDING.  Any person may deliver to the obligor's employer a certified copy of an order that reduces the amount of spousal maintenance to be withheld or terminates the withholding.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter G. Modification, Reduction, or Termination of Withholding › Section 8.305. Liability of Employers

Sec. 8.305.  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 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter H. Maintenance Qualified Domestic Relations Order › Section 8.351. Jurisdiction for Qualified Domestic Relations Order

Sec. 8.351.  JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER.  (a)  The court that rendered an order for the payment of maintenance, or the court that obtains jurisdiction to enforce a maintenance order, has continuing jurisdiction to render enforceable qualified domestic relations orders or similar orders permitting payment of pension, retirement plan, or other employee benefits to an alternate payee or other lawful payee to satisfy amounts due under the maintenance order. A maintenance order includes a temporary or final order for maintenance and arrears and interest with respect to that order.
(b)  Unless prohibited by federal law, a suit seeking a qualified domestic relations order or similar order under this subchapter applies to a pension, retirement plan, or other employee benefit, regardless of whether the pension, retirement plan, or other employee benefit:
(1)  is private, state, or federal;
(2)  is subject to another qualified domestic relations order or similar order;
(3)  is property that is the subject of a pending proceeding for dissolution of a marriage;
(4)  is property disposed of in a previous decree for dissolution of a marriage; or
(5)  is the subject of an agreement under Chapter 4.
(c)  A court described by Subsection (a) retains jurisdiction to render a qualified domestic relations order or similar order under this subchapter until all maintenance due under the maintenance order, including arrearages and interest, has been paid.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter H. Maintenance Qualified Domestic Relations Order › Section 8.352. Procedure

Sec. 8.352.  PROCEDURE.  (a)  A party to a maintenance order may petition the court for a qualified domestic relations order or similar order in an original suit or in an action for enforcement of the maintenance order under this chapter.
(b)  Each party whose rights may be affected by the petition is entitled to receive notice.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter H. Maintenance Qualified Domestic Relations Order › Section 8.353. Temporary Orders

Sec. 8.353.  TEMPORARY ORDERS.  (a)  While a suit for a qualified domestic relations order or similar order is pending or during an appeal of an enforcement order, and on the motion of a party or on the court's own motion after notice and hearing, the court may render an appropriate order, including the granting of a temporary restraining order and temporary injunction, for the preservation of the pension, retirement plan, or other employee benefits and protection of the parties as the court considers necessary.
(b)  An order under this section is not subject to interlocutory appeal.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter H. Maintenance Qualified Domestic Relations Order › Section 8.354. Defective Prior Domestic Relations Order

Sec. 8.354.  DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER.  If a plan administrator or other person acting in an equivalent capacity determines that a domestic relations order does not satisfy the requirements of a qualified domestic relations order or similar order, the court retains continuing jurisdiction over the parties to the extent necessary to render a qualified domestic relations order.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter H. Maintenance Qualified Domestic Relations Order › Section 8.355. Amendment of Qualified Domestic Relations Order

Sec. 8.355.  AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER.  (a)  A court that renders a qualified domestic relations order or similar order retains continuing jurisdiction:
(1)  to amend the order to correct the order, clarify the terms of the order, or add language to the order to provide for the collection of maintenance;
(2)  to convert the amount or frequency of payments under the order to a formula that is in compliance with the terms of the pension, retirement plan, or employee benefit plan; or
(3)  to vacate or terminate the order.
(b)  An amended domestic relations order or similar order under this section must be submitted to the plan administrator or other person acting in an equivalent capacity to determine whether the amended order satisfies the requirements of a qualified domestic relations order or similar order.  Section 8.354 applies to an order amended under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter H. Maintenance Qualified Domestic Relations Order › Section 8.356. Liberal Construction

Sec. 8.356.  LIBERAL CONSTRUCTION.  The court shall liberally construe this subchapter to effect payment of pension, retirement plan, or other employee benefits for the satisfaction of the obligor's maintenance obligation.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter H. Maintenance Qualified Domestic Relations Order › Section 8.357. Attorney's Fees and Costs

Sec. 8.357.  ATTORNEY'S FEES AND COSTS.  (a)  In a proceeding under this subchapter, the court may order the obligor to pay reasonable attorney's fees incurred by a party to obtain the order, all court costs, and all fees charged by a plan administrator for the qualified domestic relations order or similar order.
(b)  Fees and costs ordered under this section may be enforced by any means available for the enforcement of a judgment for debt.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter H. Maintenance Qualified Domestic Relations Order › Section 8.358. Direct Payment

Sec. 8.358.  DIRECT PAYMENT.  Payments under a qualified domestic relations order under this subchapter may be made by direct payment or other method ordered by the court.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter H. Maintenance Qualified Domestic Relations Order › Section 8.359. Conflicts With Other Law

Sec. 8.359.  CONFLICTS WITH OTHER LAW.  (a)  To the extent of a conflict between this subchapter and Chapter 804, Government Code, Chapter 804, Government Code, prevails.
(b)  To the extent of a conflict between this subchapter and federal law, the federal law prevails.
Added by Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.001. Enforcement of Decree

Sec. 9.001.  ENFORCEMENT OF DECREE.  (a)  A party affected by a decree of divorce or annulment providing for a division of property as provided by Chapter 7, including a division of property and any contractual provisions under the terms of an agreement incident to divorce or annulment under Section 7.006 that was approved by the court, may request enforcement of that decree by filing a suit to enforce as provided by this chapter in the court that rendered the decree.
(b)  Except as otherwise provided in this chapter, a suit to enforce shall be governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.
(c)  A party whose rights, duties, powers, or liabilities may be affected by the suit to enforce is entitled to receive notice by citation and shall be commanded to appear by filing a written answer.  Thereafter, the proceedings shall be as in civil cases generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.002. Continuing Authority to Enforce Decree

Sec. 9.002.  CONTINUING AUTHORITY TO ENFORCE DECREE.  The court that rendered the decree of divorce or annulment retains the power to enforce the property division as provided by Chapter 7, including a property division and any contractual provisions under the terms of an agreement incident to divorce or annulment under Section 7.006 that was approved by the court.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.003. Filing Deadlines

Sec. 9.003.  FILING DEADLINES.  (a)  A suit to enforce the division of tangible personal property in existence at the time of the decree of divorce or annulment must be filed before the second anniversary of the date the decree was signed or becomes final after appeal, whichever date is later, or the suit is barred.
(b)  A suit to enforce the division of future property not in existence at the time of the original decree must be filed before the second anniversary of the date the right to the property matures or accrues or the decree becomes final, whichever date is later, or the suit is barred.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.004. Applicability to Undivided Property

Sec. 9.004.  APPLICABILITY TO UNDIVIDED PROPERTY.  The procedures and limitations of this subchapter do not apply to existing property not divided on divorce, which are governed by Subchapter C  and by the rules applicable to civil cases generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.005. No Jury

Sec. 9.005.  NO JURY.  A party may not demand a jury trial if the procedures to enforce a decree of divorce or annulment provided by this subchapter are invoked.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.006. Enforcement of Division of Property

Sec. 9.006.  ENFORCEMENT OF DIVISION OF PROPERTY.  (a)  Except as provided by this subchapter and by the Texas Rules of Civil Procedure, the court may render further orders to enforce the division of property made or approved in the decree of divorce or annulment to assist in the implementation of or to clarify the prior order.
(b)  The court may specify more precisely the manner of effecting the property division previously made or approved if the substantive division of property is not altered or changed.
(c)  An order of enforcement does not alter or affect the finality of the decree of divorce or annulment being enforced.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.007. Limitation on Power of Court to Enforce

Sec. 9.007.  LIMITATION ON POWER OF COURT TO ENFORCE.  (a)  A court may not amend, modify, alter, or change the division of property made or approved in the decree of divorce or annulment.  An order to enforce the division is limited to an order to assist in the implementation of or to clarify the prior order and may not alter or change the substantive division of property.
(b)  An order under this section that amends, modifies, alters, or changes the actual, substantive division of property made or approved in a final decree of divorce or annulment is beyond the power of the divorce court and is unenforceable.
(c)  The trial court may not render an order to assist in the implementation of or to clarify the property division made or approved in the decree before the 30th day after the date the final judgment is signed.  If a timely motion for new trial or to vacate, modify, correct, or reform the decree is filed, the trial court may not render an order to assist in the implementation of or to clarify the property division made or approved in the decree before the 30th day after the date the order overruling the motion is signed or the motion is overruled by operation of law.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.008. Clarification Order

Sec. 9.008.  CLARIFICATION ORDER.  (a)  On the request of a party or on the court's own motion, the court may render a clarifying order before a motion for contempt is made or heard, in conjunction with a motion for contempt or on denial of a motion for contempt.
(b)  On a finding by the court that the original form of the division of property is not specific enough to be enforceable by contempt, the court may render a clarifying order setting forth specific terms to enforce compliance with the original division of property.
(c)  The court may not give retroactive effect to a clarifying order.
(d)  The court shall provide a reasonable time for compliance before enforcing a clarifying order by contempt or in another manner.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.009. Delivery of Property

Sec. 9.009.  DELIVERY OF PROPERTY.  To enforce the division of property made or approved in a decree of divorce or annulment, the court may make an order to deliver the specific existing property awarded, without regard to whether the property is of especial value, including an award of an existing sum of money or its equivalent.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.010. Reduction to Money Judgment

Sec. 9.010.  REDUCTION TO MONEY JUDGMENT.  (a)  If a party fails to comply with a decree of divorce or annulment and delivery of property awarded in the decree is no longer an adequate remedy, the court may render a money judgment for the damages caused by that failure to comply.
(b)  If a party did not receive payments of money as awarded in the decree of divorce or annulment, the court may render judgment against a defaulting party for the amount of unpaid payments to which the party is entitled.
(c)  The remedy of a reduction to money judgment is in addition to the other remedies provided by law.
(d)  A money judgment rendered under this section may be enforced by any means available for the enforcement of judgment for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.