(a) A notice of application for judicial writ of withholding may be filed if:
(1) a delinquency occurs in child support payments in an amount equal to or greater than the total support due for one month; or
(2) income withholding was not ordered at the time child support was ordered.
(b) The notice of application for judicial writ of withholding may be filed in the court of continuing jurisdiction by:
(1) the Title IV-D agency;
(2) the attorney representing the local domestic relations office;
(3) the attorney appointed a friend of the court as provided in Chapter 202;
(4) the obligor or obligee; or
(5) a private attorney representing the obligor or obligee.

Terms Used In Texas Family Code 158.301

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Month: means a calendar month. See Texas Government Code 312.011
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(c) The Title IV-D agency may in a Title IV-D case file a notice of application for judicial writ of withholding on request of the obligor or obligee.

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