Texas Family Code 158.302 – Contents of Notice of Application for Judicial Writ of Withholding
Terms Used In Texas Family Code 158.302
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
The notice of application for judicial writ of withholding shall be verified and:
(1) state the amount of monthly support due, including medical support and dental support, the amount of arrearages or anticipated arrearages, including accrued interest, and the amount of wages that will be withheld in accordance with a judicial writ of withholding;
(2) state that the withholding applies to each current or subsequent employer or period of employment;
(3) state that if the obligor does not contest the withholding within 10 days after the date of receipt of the notice, the obligor’s employer will be notified to begin the withholding;
(4) describe the procedures for contesting the issuance and delivery of a writ of withholding;
(5) state that if the obligor contests the withholding, the obligor will be afforded an opportunity for a hearing by the court not later than the 30th day after the date of receipt of the notice of contest;
(6) state that the sole ground for successfully contesting the issuance of a writ of withholding is a dispute concerning the identity of the obligor or the existence or amount of the arrearages, including accrued interest;
(7) describe the actions that may be taken if the obligor contests the notice of application for judicial writ of withholding, including the procedures for suspending issuance of a writ of withholding; and
(8) include with the notice a suggested form for the motion to stay issuance and delivery of the judicial writ of withholding that the obligor may file with the clerk of the appropriate court.