Texas General Attorney Tx Withholding For Support
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FAQ
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.
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 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.
You will file your Petition to Terminate Withholding for Child Support in the same court that issued the current child support order. File it with the district clerk in that county. Bring several extra copies of the petition. You will need a copy for you and one for the obligee.