Motion Order Form Tx Withholding

State:
Texas
Control #:
TX-01470BG
Format:
Word; 
Rich Text
Instant download

Description

Texas courts are statutorily empowered to enforce their orders by contempt. However, a divorce decree that awards a sum of money, payable in a lump sum or in future installments, is generally not enforceable by contempt, unless either:


1. Payment is to be made from a fund that exists at the time of the decree; or


2. The decree awards the right to receive installment payments or a lump-sum payment due on the maturation of an existing vested or non-vested right to be paid in the future; or


3. The award is for temporary spousal maintenance, as when, following a long term marriage, a spouse lacks the ability to work and earn money to be self-support



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  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance
  • Preview Motion for Order of Contempt for Failure to Pay Spousal Maintenance

How to fill out Texas Motion For Order Of Contempt For Failure To Pay Spousal Maintenance?

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FAQ

An employer must withhold income seven days after the employer receives the notice. An FOC can serve an employer by ordinary mail or electronically. The FOC will specify the date of mailing, the date to begin withholding, and where to send payments.

The withholding limits set by the federal CCPA are: 50 percent - Supports a second family with no arrearage or less than 12 weeks in arrears. 55 percent - Supports a second family and more than 12 weeks in arrears. 60 percent - Single with no arrearage or less than 12 weeks in arrears.

Laws dealing with child support in Texas state that deadbeat dads who owe more than three months of past-due child support, and who do not have a voluntary repayment schedule, face mandatory license suspension.

An employer who does not comply with the order/notice is liable for the following: To the obligee for the amount not paid. To the obligor/employee for the amount withheld and not paid. For reasonable attorney's fees and court costs.

The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks.

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Motion Order Form Tx Withholding