Texas Family Code 158.011 – Voluntary Withholding by Obligor
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(a) An obligor may file with the clerk of the court a notarized or acknowledged request signed by the obligor and the obligee for the issuance and delivery to the obligor’s employer of a writ of withholding. A notarized or acknowledged request may be filed under this section regardless of whether a writ or order has been served on any party or of the existence or amount of an arrearage.
(b) On receipt of a request under this section, the clerk shall issue and deliver a writ of withholding in the manner provided by this chapter.
Terms Used In Texas Family Code 158.011
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) An employer that receives a writ of withholding issued under this section may request a hearing in the same manner and according to the same terms provided by § 158.205.
(d) An obligor whose employer receives a writ of withholding issued under this section may request a hearing in the manner provided by § 158.309.
(e) An obligee may contest a writ of withholding issued under this section by requesting, not later than the 180th day after the date on which the obligee discovers that the writ has been issued, a hearing in the manner provided by § 158.309.
(f) A writ of withholding under this section may not reduce the total amount of child support, including arrearages, owed by the obligor.