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Texas Employer's Motion for Hearing on Applicability of Income Withholding for Support

State:
Texas
Control #:
TX-CS-1836
Format:
PDF
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Employer's Motion for Hearing on Applicability of Income Withholding for Support

Texas Employer's Motion for Hearing on Applicability of Income Withholding for Support is a motion filed by an employer in the state of Texas with the court in order to obtain a hearing to determine whether income withholding for support is applicable to its employee(s). The employer typically makes this motion when the employee has been found to be in arrears on his/her/their child support payments and the employer has been served with an income-withholding order to begin withholding the employee's earnings to cover the arrears. The types of Texas Employer's Motion for Hearing on Applicability of Income Withholding for Support include: * Motion to Quash Income Withholding Order * Motion for Reconsideration of Income Withholding Order * Motion for Stay of Income Withholding Order * Motion for Clarification of Income Withholding Order * Motion for Reinstatement of Income Withholding Order.

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FAQ

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.

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.

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.

The Office of the Attorney General enforces court orders when parents fail to meet their support obligations. Remember, if you're a parent who's struggling to make your payments, you should contact the Child Support Division as soon as possible.

This is a rebuttable presumption. If evidence can be presented that the non-custodial parent intentionally sought to avoid paying child support, a Texas court may allow retroactive child support in an amount beyond the general four-year limit.

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.

Eighty percent of all child support payments are made through wage withholding. When the Office of the Attorney General receives your employment information, we send a notification to your employer so that your support payments can be automatically held out of your paycheck.

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Texas Employer's Motion for Hearing on Applicability of Income Withholding for Support