Tex. Fam. Code Section 8.266
Failure to Receive Notice of Application for Writ of Withholding

(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.

(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 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Source: Section 8.266 — Failure to Receive Notice of Application for Writ of Withholding, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­8.­htm#8.­266 (accessed Jun. 5, 2024).

8.001
Definitions 8.051
Eligibility for Maintenance 8.052
Factors in Determining Maintenance 8.053
Presumption 8.054
Duration of Maintenance Order 8.055
Amount of Maintenance 8.056
Termination 8.057
Modification of Maintenance Order 8.058
Maintenance Arrearages 8.059
Enforcement of Maintenance Order 8.060
Putative Spouse 8.061
Unmarried Cohabitants 8.062
Place of Payment 8.101
Income Withholding 8.102
Withholding for Arrearages in Addition to Current Spousal Maintenance 8.103
Withholding for Arrearages When Current Maintenance Is Not Due 8.104
Withholding to Satisfy Judgment for Arrearages 8.105
Priority of Withholding 8.106
Maximum Amount Withheld from Earnings 8.107
Order or Writ Binding on Employer Doing Business in This State 8.108
Voluntary Writ of Withholding by Obligor 8.151
Time Limit 8.152
Contents of Order of Withholding 8.153
Request for Issuance of Order or Writ of Withholding 8.154
Issuance and Delivery of Order or Writ of Withholding 8.201
Order or Writ Binding on Employer 8.202
Effective Date and Duration of Income Withholding 8.203
Remitting Withheld Payments 8.204
Employer May Deduct Fee from Earnings 8.205
Hearing Requested by Employer 8.206
Liability and Obligation of Employer for Payments 8.207
Employer Receiving Multiple Orders or Writs 8.208
Employer’s Liability for Discriminatory Hiring or Discharge 8.209
Penalty for Noncompliance 8.210
Notice of Termination of Employment and of New Employment 8.251
Notice of Application for Writ of Withholding 8.252
Contents of Notice of Application for Writ of Withholding 8.253
Interstate Request for Withholding 8.254
Additional Arrearages 8.255
Delivery of Notice of Application for Writ of Withholding 8.256
Motion to Stay Issuance of Writ of Withholding 8.257
Effect of Filing Motion to Stay 8.258
Hearing on Motion to Stay 8.259
Special Exceptions 8.260
Writ of Withholding After Arrearages Are Paid 8.261
Request for Issuance and Delivery of Writ of Withholding 8.262
Issuance and Delivery of Writ of Withholding 8.263
Contents of Writ of Withholding 8.264
Extension of Repayment Schedule by Party 8.265
Remittance of Amount to Be Withheld 8.266
Failure to Receive Notice of Application for Writ of Withholding 8.267
Issuance and Delivery of Writ of Withholding to Subsequent Employer 8.301
Agreement by Parties Regarding Amount or Duration of Withholding 8.302
Modifications to or Termination of Withholding in Voluntary Withholding Cases 8.303
Termination of Withholding in Mandatory Withholding Cases 8.304
Delivery of Order of Reduction or Termination of Withholding 8.305
Liability of Employers 8.351
Jurisdiction for Qualified Domestic Relations Order 8.352
Procedure 8.353
Temporary Orders 8.354
Defective Prior Domestic Relations Order 8.355
Amendment of Qualified Domestic Relations Order 8.356
Liberal Construction 8.357
Attorney’s Fees and Costs 8.358
Direct Payment 8.359
Conflicts with Other Law 8.0591
Overpayment
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 8.266’s source at texas​.gov