Texas Family Code 158.317 – Failure to Receive Notice of Application for Judicial Writ of Withholding
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(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.
Terms Used In Texas Family Code 158.317
- 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.
- 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
- 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.