Motion to Stay

When a family court issues an order that you believe is incorrect or otherwise deficient, you may file a Motion to Stay. A motion to stay is a request to the judge to temporarily stop a case or otherwise halt a proceeding. In this instance, the form below would be filed by the obligor parent (parent obligated to pay child support) after a family court issues an order to pay child support.

As part of a child support order, the court may also sign what is known as a Wage Withholding Order. That Order will obligate your employer to withhold a certain portion of your income for a designated period of time in order to satisfy the terms of your child support order. Your wages would be paid directly to the Child Support Disbursement Unit with the Office of Attorney General, otherwise.

You would be able to select one of two bases for your filing out the Motion to Stay First, there may be an error in naming you as the obligor parent. It could be that you are actually the parent who stands to receive child support but you were incorrectly named in a wage withholding order as the parent obligated to pay child support. Or, you may have been named as a conservator of a child but were not supposed to be named as a party responsible for child support payments.

Alternatively, you are able to contest any arrearage, overdue child support, listed by the State of Texas or contained in any court document. This is an issue that you would want addressed as quickly as possible by the court which heard your child support related matters. A Motion to Stay would temporarily pause the need to withhold your wages while you submit evidence to the court in hopes of rectifying any errors regarding past due child support. This motion is an affidavit or sworn statement under oath. You must complete the form honestly as you would if you were providing testimony to these issues on the witness stand in a courtroom.

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