Tex.
Fam. Code Section 8.108
Voluntary Writ of Withholding by Obligor
(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. The obligor may file the request under this section regardless of whether a writ or order has been served on any party or whether the obligor owes arrearages.(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 subchapter.(c)
An employer who 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 Section 8.205 (Hearing Requested by Employer).(d)
An obligor whose employer receives a writ of withholding issued under this section may request a hearing in the manner provided by Section 8. 258.(e)
An obligee may contest a writ of income withholding issued under this section by requesting, not later than the 180th day after the date on which the obligee discovers that the writ was issued, a hearing to be conducted in the manner provided by Section 8.258 (Hearing on Motion to Stay) for a hearing on a motion to stay.(f)
A writ of withholding under this section may not reduce the total amount of spousal maintenance, including arrearages, owed by the obligor.
Source:
Section 8.108 — Voluntary Writ of Withholding by Obligor, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm#8.108 (accessed Jun. 5, 2024).
