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Texas Request For Issuance of Withholding Order - Child Support

State:
Texas
Control #:
TX-158-104
Format:
PDF
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Description

Request For Issuance of Withholding Order

Texas Request For Issuance of Withholding Order (RICO) is a document used by the state of Texas to request the withholding of wages from an employee’s paycheck for the purpose of collecting a debt owed to the state. The RICO is issued by the Texas Comptroller and is served on the employer to collect amounts due on delinquent tax liabilities, child support, unpaid state or federal taxes, or any other debt the state may be owed. There are two types of Texas RICO: Tax Refund Se toff and Wage Deduction. Tax Refund Se toff: The Tax Refund Se toff RICO is used to collect on delinquent tax liabilities owed to the state, including income taxes, sales tax, franchise tax, and other taxes. The employer is required to withhold any state tax refunds that the employee is due and remit the funds to the Comptroller. Wage Deduction: The Wage Deduction RICO is used to collect on delinquent child support payments, unpaid state taxes, or other debts that the state may be owed. The employer is required to withhold a portion of the employee’s wages each pay period and remit the funds to the Comptroller.

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FAQ

The charge can increase to a criminal felony and up to two years in prison when child support in Texas hasn't been paid in two years or the amount owed reaches $10,000 or more.

You will face penalties if you don't withhold child support after receiving an income withholding order. You might be liable for the amount of the child support plus penalties and fines.

Wage withholding is a process in which monies are withheld from the non-custodial parent's wages. When filing a request for issuance of an order or judicial writ of withholding, the clerk shall send a copy of the order or writ to the non-custodial parent's current 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.

Under state law, a court will not issue a child support income withholding order if ? good cause is shown? or there has been an ?agreement of the parties.? Texas law limits income withholding at 50 percent of a parent's disposable income for domestic obligations, including child support.

An IWO is always based on a separate order to the employee to pay support?usually as part of a divorce, paternity case, or suit affecting the parent-child relationship (SAPCR). You may ask the court to sign an IWO if you are the person ordered to pay support or the person ordered to receive support.

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Texas Request For Issuance of Withholding Order - Child Support