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Texas Statutes (Last Updated: January 4, 2014) |
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FAMILY CODE |
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Title 1. THE MARRIAGE RELATIONSHIP |
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Subtitle C. DISSOLUTION OF MARRIAGE |
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Chapter 8. MAINTENANCE |
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Subchapter C. INCOME WITHHOLDING |
Sec. 8.108. VOLUNTARY WRIT OF 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. 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.
(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 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.