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Notice of Application for Judicial Writ of Withholding

When you become obligated to pay child support as a result of a Texas family law case it is likely that a Wage Withholding Order will be submitted to your Employer. A Wage Withholding Order is signed by the family court judge at the cconclusion of your divorce, child custody or child support case. This order will require your employer to withhold a certain portion of your paycheck on a regular basis to ensure payment of your child support obligation. Payment of the child support will go directly to your co-parent through the Child Support Disbursement Unit of the Texas Attorney General.

A Notice of Application for Judicial Writ of Withholding will be sent to you by the clerk of the court from which the child support order came from. This notice will simply inform you that a Wage Withholding Order is in the process of being sought against you. You are informed of the right to request a stay (temporary pause) of the wage withholding order in the event that a mistake was made in contacting your employer. It could be that you were incorrectly named as a party to whom an obligation belongs to pay child support. Or, the child support arrearage (shortage) listed in the Wage Withholding Order is incorrect.

If you file a motion to stay the Wage Withholding Order a hearing will be held within 30 days. The family court will determine whether or not an order for income withholding should be entered. The Motion to Stay must be filed with the clerk of the court within ten days of your receiving the Notice of Application for Judicial Writ of Withholding.

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