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Employers must pay the employee their wages due when the pay period has arrived. Employees are not without options. For example, an employee who believes their employer has withheld their paycheck illegally can file a wage claim with Texas Workforce Commission no later than 180 days after the wages were due.
Your company (employer) receives an "Order to Withhold Income for Child Support? from the Child Support Division. Your payment amount is deducted from your paycheck. Your employer sends the payment directly to us (each pay period). We process your payment and send it to the custodial parent.
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.
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.