Texas Family Code

§ 158.310 — SPECIAL EXCEPTIONS

FA § 158.310Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · Ch. 158. WITHHOLDING FROM EARNINGS FOR CHILD SUPPORT · Art. D. JUDICIAL WRIT OF WITHHOLDING ISSUED BY CLERK

Statute text

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(a)A defect in a notice of application for judicial writ of withholding is waived unless the respondent specially excepts in writing and cites with particularity the alleged defect, obscurity, or other ambiguity in the notice.

(b)A special exception under this section must be heard by the court before hearing the motion to stay issuance.

(c)If the court sustains an exception, the court shall provide the party filing the notice an opportunity to refile and the court shall continue the hearing to a date certain without the requirement of additional service.

Legislative history

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 58, eff. Sept. 1, 1997.