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Employer’s Motion for Hearing on Applicability of Income Withholding for Support

During a child custody or divorce case you may be ordered to either pay or receive child support for the benefit of your children. Frequently, a Wage Withholding Order will accompany any child support order. This order will require the obligor parent’s (parent who must pay child support) employer to withhold his or her wages to pay child support direct to the State of Texas Child Support Disbursement Unit. The benefit of doing so is to remove any logistical issues regarding the payment of child support.

Typically, a Wage Withholding Order is submitted to an employer at the conclusion of the child custody or divorce case once the relevant parties and the judge have signed onto the document. An employer may request a hearing before the judge to contest the applicability of the income withholding for support. In an Employer’s Motion for Hearing on Applicability of Income Withholding for Support, your or your co-parent’s employer can request a hearing to tell the judge why income withholding should not be required. Once a hearing is set, notice of hearing shall be provided to both you and your co-parent. Note that an employer must file this motion within 20 days after receiving the Wage Withholding Order.

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