Tex. Fam. Code Section 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.

Source: Section 158.317 — Failure to Receive Notice of Application for Judicial Writ of Withholding, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­158.­htm#158.­317 (accessed Jun. 5, 2024).

158.001
Income Withholding 158.002
Suspension of Income Withholding 158.003
Withholding for Arrearages in Addition to Current Support 158.004
Withholding for Arrearages When No Current Support Is Due 158.005
Withholding to Satisfy Judgment for Arrearages 158.006
Income Withholding in Title Iv-d Suits 158.007
Extension of Repayment Schedule by Court or Title Iv-d Agency 158.008
Priority of Withholding 158.009
Maximum Amount Withheld from Earnings 158.010
Order or Writ Binding on Employer Doing Business in State 158.011
Voluntary Withholding by Obligor 158.0051
Order for Withholding for Costs and Fees 158.101
Applicability of Procedure 158.102
Time Limitations 158.103
Contents of Order or Writ of Withholding 158.104
Request for Issuance of Order or Judicial Writ of Withholding 158.105
Issuance and Delivery of Order or Judicial Writ of Withholding 158.106
Required Forms for Income Withholding 158.201
Order or Writ Binding on Employer 158.202
Effective Date of and Duration of Withholding 158.203
Remitting Withheld Payments 158.204
Employer May Deduct Fee from Earnings 158.205
Hearing Requested by Employer 158.206
Liability and Obligation of Employer 158.207
Employer Receiving More than One Order or Writ 158.208
Employer May Combine Amounts Withheld 158.209
Employer’s Penalty for Discriminatory Hiring or Discharge 158.210
Fine for Noncompliance 158.211
Notice of Termination of Employment and of New Employment 158.212
Improper Payment 158.213
Withholding from Workers’ Compensation Benefits 158.214
Withholding from Severance Pay 158.215
Withholding from Lump-sum Payments 158.301
Notice of Application for Judicial Writ of Withholding 158.302
Contents of Notice of Application for Judicial Writ of Withholding 158.303
Interstate Request for Income Withholding 158.304
Additional Arrearages 158.306
Delivery of Notice of Application for Judicial Writ of Withholding 158.307
Motion to Stay Issuance of Writ of Withholding 158.308
Effect of Filing Motion to Stay 158.309
Hearing on Motion to Stay 158.310
Special Exceptions 158.311
Arrearages 158.312
Request for Issuance and Delivery of Writ of Withholding 158.313
Issuance and Delivery of Writ of Withholding 158.314
Contents of Writ of Withholding 158.315
Extension of Repayment Schedule by Party 158.316
Payment of Amount to Be Withheld 158.317
Failure to Receive Notice of Application for Judicial Writ of Withholding 158.319
Issuance and Delivery of Judicial Writ of Withholding to Subsequent Employer 158.401
Modifications to or Termination of Withholding by Title Iv-d Agency 158.402
Agreement by Parties Regarding Amount or Duration of Withholding 158.403
Modifications to or Termination of Withholding in Voluntary Withholding Cases 158.404
Delivery of Order of Reduction or Termination of Withholding 158.405
Liability of Employers 158.501
Issuance of Administrative Writ of Withholding 158.502
When Administrative Writ of Withholding May Be Issued 158.503
Delivery of Administrative Writ to Employer 158.504
Contents of Administrative Writ of Withholding 158.505
Notice to Obligor 158.506
Contest by Obligor to Administrative Writ of Withholding 158.507
Administrative Writ Terminating Withholding
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 158.317’s source at texas​.gov