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Responsibilities. Upon receipt of an Order/Notice to Withhold Income for Child Support or Notice of an Order to Withhold Income for Child Support, an employer is considered to have been officially notified to begin withholding income from the employee named and to remit the amount withheld.
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.
An obligor can file an Agreed Motion to Terminate Withholding for Child Support with the district clerk to have a judge review the case and issue an order to terminate income withholding. To do this go to the "Texas Law Help" website, to download the Motion and Order forms.
The law in Texas requires child support to be taken directly out of the obligor's paycheck. When child support is established, an order called an Employer's Order to Withhold Income for Child Support, also called the Withholding Order, will be signed by the judge and sent to the obligor's employer.
What is an Income Withholding Order in Texas? Texas law provides for a court to enter a wage withholding order as a tool to help in collecting spousal maintenance (alimony) payments and child support payments. The order requires the employer of the party obligated to pay to withhold a portion of his paycheck.