Texas Family Code 8.266 – Failure to Receive Notice of Application for Writ of Withholding
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(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.
Terms Used In Texas Family Code 8.266
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) Income withholding may not be interrupted until after the hearing at which the court renders an order denying or modifying withholding.