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Texas treats spousal support differently from many states in several ways. For one thing, Texas sets strict limits on how much support a spouse can receive. No matter how much the paying spouse earns, support can never exceed $5,000 per month or 20% of their average monthly income, whichever is smaller.
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.
The withholding order is required to contain for how long the spousal maintenance payments are to be made and the amount of the payment. The combined amount of child support payments and spousal maintenance payments under a wage withholding order can be more than 50% of the responsible party's ?disposable earnings.?
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.
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.