Texas Family Code
§ 8.101 — INCOME WITHHOLDING; GENERAL RULE
FA § 8.101Title 1. THE MARRIAGE RELATIONSHIP · Part C. DISSOLUTION OF MARRIAGE · Ch. 8. MAINTENANCE · Art. C. INCOME WITHHOLDING
Statute text
View on source(a)In a proceeding in which periodic payments of spousal maintenance are ordered, modified, or enforced, the court may order that income be withheld from the disposable earnings of the obligor as provided by this chapter. (a-1) The court may order that income be withheld from the disposable earnings of the obligor in a proceeding in which there is an agreement for periodic payments of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court. (a-2) The court may not order that income be withheld from the disposable earnings of the obligor to the extent that any provision of an agreed order for maintenance exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter.
(b)This subchapter does not apply to contractual alimony or spousal maintenance, regardless of whether the alimony or maintenance is taxable, unless:
(1)the contract specifically permits income withholding; or
(2)the alimony or maintenance payments are not timely made under the terms of the contract.
(c)An order or writ of withholding for spousal maintenance may be combined with an order or writ of withholding for child support only if the obligee has been appointed managing conservator of the child for whom the child support is owed and is the conservator with whom the child primarily resides.
(d)An order or writ of withholding that combines withholding for spousal maintenance and child support must:
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Legislative history
Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 4, eff. September 1, 2013.