By Thompson                                            H.B. No. 691
         77R1237 KLA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to income withholding for spousal maintenance; providing a
 1-3     penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 8, Family Code, is amended to read as
 1-6     follows:
 1-7                           CHAPTER 8.  MAINTENANCE
 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS
 1-9           Sec. 8.001.  DEFINITIONS [DEFINITION]. In this chapter:
1-10                 (1)  "Maintenance"[, "maintenance"] means an award in a
1-11     suit for dissolution of a marriage of periodic payments from the
1-12     future income of one spouse for the support of the other spouse.
1-13                 (2)  "Notice of application for a writ of withholding"
1-14     means the document delivered to an obligor and filed with the court
1-15     as required by this chapter for the nonjudicial determination of
1-16     arrears and initiation of withholding for spousal maintenance.
1-17                 (3)  "Obligee" means a person entitled to receive
1-18     payments under the terms of an order for spousal maintenance.
1-19                 (4)  "Obligor" means a person required to make periodic
1-20     payments under the terms of an order for spousal maintenance.
1-21                 (5)  "Writ of withholding" means the document issued by
1-22     the clerk of a court and delivered to an employer, directing that
1-23     earnings be withheld for payment of spousal maintenance as provided
1-24     by this chapter.
 2-1                (Sections 8.002-8.050 reserved for expansion
 2-2                  SUBCHAPTER B.  COURT-ORDERED MAINTENANCE
 2-3           Sec. 8.051 [8.002].  ELIGIBILITY FOR MAINTENANCE; COURT
 2-4     ORDER. [(a)]  In a suit for dissolution of a marriage or in a
 2-5     proceeding for maintenance in a court with personal jurisdiction
 2-6     over both former spouses following the dissolution of their
 2-7     marriage by a court that lacked personal jurisdiction over an
 2-8     absent spouse, the court may order maintenance for either spouse
 2-9     only if:
2-10                 (1)  the spouse from whom maintenance is requested was
2-11     convicted of or received deferred adjudication for a criminal
2-12     offense that also constitutes an act of family violence under Title
2-13     4 and the offense occurred:
2-14                       (A)  within two years before the date on which a
2-15     suit for dissolution of the marriage is filed; or
2-16                       (B)  while the suit is pending; or
2-17                 (2)  the duration of the marriage was 10 years or
2-18     longer, the spouse seeking maintenance lacks sufficient property,
2-19     including property distributed to the spouse under this code, to
2-20     provide for the spouse's minimum reasonable needs, as limited by
2-21     Section 8.054 [8.005], and the spouse seeking maintenance:
2-22                       (A)  is unable to support himself or herself
2-23     through appropriate employment because of an incapacitating
2-24     physical or mental disability;
2-25                       (B)  is the custodian of a child who requires
2-26     substantial care and personal supervision because a physical or
2-27     mental disability makes it necessary, taking into consideration the
 3-1     needs of the child, that the spouse not be employed outside the
 3-2     home; or
 3-3                       (C)  clearly lacks earning ability in the labor
 3-4     market adequate to provide support for the spouse's minimum
 3-5     reasonable needs, as limited by Section 8.054 [8.005].
 3-6           [(b)  A court may enforce an order for spousal maintenance
 3-7     under this section by ordering garnishment of the wages of the
 3-8     person ordered to pay the maintenance or by any other means
 3-9     available under Section 8.009.]
3-10           Sec. 8.052 [8.003].  FACTORS IN DETERMINING MAINTENANCE. A
3-11     court that determines that a spouse is eligible to receive
3-12     maintenance under this chapter shall determine the nature, amount,
3-13     duration, and manner of periodic payments by considering all
3-14     relevant factors, including:
3-15                 (1)  the financial resources of the spouse seeking
3-16     maintenance, including the community and separate property and
3-17     liabilities apportioned to that spouse in the dissolution
3-18     proceeding, and that spouse's ability to meet the spouse's needs
3-19     independently;
3-20                 (2)  the education and employment skills of the
3-21     spouses, the time necessary to acquire sufficient education or
3-22     training to enable the spouse seeking maintenance to find
3-23     appropriate employment, the availability of that education or
3-24     training, and the feasibility of that education or training;
3-25                 (3)  the duration of the marriage;
3-26                 (4)  the age, employment history, earning ability, and
3-27     physical and emotional condition of the spouse seeking maintenance;
 4-1                 (5)  the ability of the spouse from whom maintenance is
 4-2     requested to meet that spouse's personal needs and to provide
 4-3     periodic child support payments, if applicable, while meeting the
 4-4     personal needs of the spouse seeking maintenance;
 4-5                 (6)  acts by either spouse resulting in excessive or
 4-6     abnormal expenditures or destruction, concealment, or fraudulent
 4-7     disposition of community property, joint tenancy, or other property
 4-8     held in common;
 4-9                 (7)  the comparative financial resources of the
4-10     spouses, including medical, retirement, insurance, or other
4-11     benefits, and the separate property of each spouse;
4-12                 (8)  the contribution by one spouse to the education,
4-13     training, or increased earning power of the other spouse;
4-14                 (9)  the property brought to the marriage by either
4-15     spouse;
4-16                 (10)  the contribution of a spouse as homemaker;
4-17                 (11)  marital misconduct of the spouse seeking
4-18     maintenance; and
4-19                 (12)  the efforts of the spouse seeking maintenance to
4-20     pursue available employment counseling as provided by Chapter 304,
4-21     Labor Code.
4-22           Sec. 8.053 [8.004].  PRESUMPTION. (a)  Except as provided by
4-23     Subsection (b), it is presumed that maintenance is not warranted
4-24     unless the spouse seeking maintenance has exercised diligence in:
4-25                 (1)  seeking suitable employment; or
4-26                 (2)  developing the necessary skills to become
4-27     self-supporting during a period of separation and during the time
 5-1     the suit for dissolution of the marriage is pending.
 5-2           (b)  This section does not apply to a spouse who is not able
 5-3     to satisfy the presumption in Subsection (a) because of an
 5-4     incapacitating physical or mental disability.
 5-5           Sec. 8.054 [8.005].  DURATION OF MAINTENANCE ORDER. (a)
 5-6     Except as provided by Subsection (b), a court:
 5-7                 (1)  may not order maintenance that remains in effect
 5-8     for more than three years after the date of the order; and
 5-9                 (2)  shall limit the duration of a maintenance order to
5-10     the shortest reasonable period that allows the spouse seeking
5-11     maintenance to meet the spouse's minimum reasonable needs by
5-12     obtaining appropriate employment or developing an appropriate
5-13     skill, unless the ability of the spouse to provide for the spouse's
5-14     minimum reasonable needs through employment is substantially or
5-15     totally diminished because of:
5-16                       (A)  physical or mental disability;
5-17                       (B)  duties as the custodian of an infant or
5-18     young child; or
5-19                       (C)  another compelling impediment to gainful
5-20     employment.
5-21           (b)  If a spouse seeking maintenance is unable to support
5-22     himself or herself through appropriate employment because of an
5-23     incapacitating physical or mental disability, the court may order
5-24     maintenance for an indefinite period for as long as the disability
5-25     continues.  The court may order periodic review of its order, on
5-26     the request of either party or on its own motion, to determine
5-27     whether the disability is continuing.  The continuation of spousal
 6-1     maintenance under these circumstances is subject to a motion to
 6-2     modify as provided by Section 8.057 [8.008].
 6-3           Sec. 8.055 [8.006].  AMOUNT OF MAINTENANCE. (a)  A court may
 6-4     not order maintenance that requires an obligor [a spouse] to pay
 6-5     monthly more than the lesser of:
 6-6                 (1)  $2,500; or
 6-7                 (2)  20 percent of the spouse's average monthly gross
 6-8     income.
 6-9           (b)  The court shall set the amount that an obligor [a
6-10     spouse] is required to pay in a maintenance order to provide for
6-11     the minimum reasonable needs of the obligee [spouse receiving the
6-12     maintenance under the order], considering employment or property
6-13     received in the dissolution of the marriage or otherwise owned by
6-14     the obligee [spouse receiving the maintenance] that contributes to
6-15     the minimum reasonable needs of the obligee [that spouse].
6-16           (c)  Department of Veterans Affairs service-connected
6-17     disability compensation, social security benefits and disability
6-18     benefits, and workers' compensation benefits are excluded from
6-19     maintenance.
6-20           Sec. 8.056 [8.007].  TERMINATION. (a)  The obligation to pay
6-21     future maintenance terminates on the death of either party or on
6-22     the remarriage of the obligee [party receiving maintenance].
6-23           (b)  After a hearing, the court shall terminate the
6-24     maintenance order if the obligee [party receiving maintenance]
6-25     cohabits with another person in a permanent place of abode on a
6-26     continuing, conjugal basis.
6-27           Sec. 8.057 [8.008].  MODIFICATION OF MAINTENANCE ORDER. (a)
 7-1     The amount of maintenance specified in a court order or the portion
 7-2     of a decree that provides for the support of a former spouse may be
 7-3     reduced by the filing of a motion in the court that originally
 7-4     rendered the order.  A party affected by the order or the portion
 7-5     of the decree to be modified may file the motion.
 7-6           (b)  Notice of a motion to modify maintenance and the
 7-7     response, if any, are governed by the Texas Rules of Civil
 7-8     Procedure applicable to the filing of an original lawsuit.  Notice
 7-9     must be given by service of citation, and a response must be in the
7-10     form of an answer due on or before 10 a.m. of the first Monday
7-11     after 20 days after the date of service.  A court shall set a
7-12     hearing on the motion in the manner provided by Rule 245, Texas
7-13     Rules of Civil Procedure.
7-14           (c)  After a hearing, the court may modify an original or
7-15     modified order or portion of a decree providing for maintenance on
7-16     a proper showing of a material and substantial change in
7-17     circumstances of either party.  The court shall apply the
7-18     modification only to payment accruing after the filing of the
7-19     motion to modify.
7-20           (d)  A loss of employment or circumstances that render a
7-21     former spouse unable to support himself or herself through
7-22     appropriate employment by reason of incapacitating physical or
7-23     mental disability that occur after the divorce or annulment are not
7-24     grounds for the institution of spousal maintenance for the benefit
7-25     of the former spouse.
7-26           Sec. 8.058.  MAINTENANCE ARREARAGES. A spousal maintenance
7-27     payment not timely made constitutes an arrearage.
 8-1           Sec. 8.059 [8.009].  ENFORCEMENT OF MAINTENANCE ORDER. (a)
 8-2     The court may enforce by contempt the court's maintenance order or
 8-3     an agreement for the payment of maintenance voluntarily entered
 8-4     into between the parties and approved by the court.
 8-5           (b)  On the suit to enforce by an obligee [of a party
 8-6     entitled to receive maintenance payments], the court may render
 8-7     judgment against a defaulting party for the [an] amount of
 8-8     arrearages [unpaid and owing] after notice by service of citation,
 8-9     answer, if any, and a hearing finding that the defaulting party has
8-10     failed or refused to carry out the terms of the order.  The
8-11     judgment may be enforced by any means available for the enforcement
8-12     of judgment for debts.
8-13           (c)  It is an affirmative defense to an allegation of
8-14     contempt of court or the violation of a condition of probation
8-15     requiring payment of court-ordered maintenance that the obligor:
8-16                 (1)  lacked the ability to provide maintenance in the
8-17     amount ordered;
8-18                 (2)  lacked property that could be sold, mortgaged, or
8-19     otherwise pledged to raise the funds needed;
8-20                 (3)  attempted unsuccessfully to borrow the needed
8-21     funds; and
8-22                 (4)  did not know of a source from which the money
8-23     could have been borrowed or otherwise legally obtained.
8-24           (d)  The issue of the existence of an affirmative defense
8-25     does not arise unless evidence is admitted supporting the defense.
8-26     If the issue of the existence of an affirmative defense arises, an
8-27     obligor must prove the affirmative defense by a preponderance of
 9-1     the evidence.
 9-2           (e)  A court may enforce an order for spousal maintenance
 9-3     under this chapter by ordering garnishment of the obligor's wages
 9-4     or by any other means available under this section.
 9-5           Sec. 8.060 [8.010].  PUTATIVE SPOUSE. In a suit to declare a
 9-6     marriage void, a putative spouse who did not have knowledge of an
 9-7     existing impediment to a valid marriage may be awarded maintenance
 9-8     if otherwise qualified to receive maintenance under this chapter.
 9-9           Sec. 8.061 [8.011].  UNMARRIED COHABITANTS. An order for
9-10     maintenance is not authorized between unmarried cohabitants under
9-11     any circumstances.
9-12                (Sections 8.062-8.100 reserved for expansion
9-13                      SUBCHAPTER C.  INCOME WITHHOLDING
9-14           Sec. 8.101.  INCOME WITHHOLDING; GENERAL RULE. (a)  In a
9-15     proceeding in which periodic payments of spousal maintenance are
9-16     ordered, modified, or enforced, the court may order that income be
9-17     withheld from the disposable earnings of the obligor as provided by
9-18     this chapter.
9-19           (b)  This subchapter does not apply to contractual alimony or
9-20     spousal maintenance, regardless of whether the alimony or
9-21     maintenance is taxable, unless:
9-22                 (1)  the contract specifically permits income
9-23     withholding; or
9-24                 (2)  the alimony or maintenance payments are not timely
9-25     made under the terms of the contract.
9-26           (c)  An order or writ of withholding may be for the combined
9-27     amount of spousal maintenance and child support and may require
 10-1    that the combined payments be made through the Title IV-D agency
 10-2    only if the obligee has been appointed managing conservator of the
 10-3    child for whom the child support is owed and is the conservator
 10-4    with whom the child primarily resides.
 10-5          Sec. 8.102.  WITHHOLDING FOR ARREARAGES IN ADDITION TO
 10-6    CURRENT SPOUSAL MAINTENANCE. (a)  The court may order that, in
 10-7    addition to income withheld for current spousal maintenance, income
 10-8    be withheld from the disposable earnings of the obligor to be
 10-9    applied toward the liquidation of any arrearages.
10-10          (b)  The additional amount withheld to be applied toward
10-11    arrearages must be whichever of the following amounts will
10-12    discharge the arrearages in the least amount of time:
10-13                (1)  an amount sufficient to discharge the arrearages
10-14    in not more than two years; or
10-15                (2)  20 percent of the amount withheld for current
10-16    maintenance.
10-17          Sec. 8.103.  WITHHOLDING FOR ARREARAGES WHEN CURRENT
10-18    MAINTENANCE IS NOT DUE. A court may order income withholding to be
10-19    applied toward arrearages in an amount sufficient to discharge
10-20    those arrearages in not more than two years if current spousal
10-21    maintenance is no longer owed.
10-22          Sec. 8.104.  WITHHOLDING TO SATISFY JUDGMENT FOR ARREARAGES.
10-23    The court, in rendering a cumulative judgment for arrearages, may
10-24    order that a reasonable amount of income be withheld from the
10-25    disposable earnings of the obligor to be applied toward the
10-26    satisfaction of the judgment.
10-27          Sec. 8.105.  PRIORITY OF WITHHOLDING. An order or writ of
 11-1    withholding under this chapter has priority over any garnishment,
 11-2    attachment, execution, or other order affecting disposable
 11-3    earnings, except for an order or writ of withholding for child
 11-4    support under Chapter 158.
 11-5          Sec. 8.106.  MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An order
 11-6    or writ of withholding must direct that an obligor's employer
 11-7    withhold from the obligor's disposable earnings the lesser of:
 11-8                (1)  the amount specified in the order or writ; or
 11-9                (2)  an amount that, when added to the amount of income
11-10    being withheld by the employer for child support, is equal to 50
11-11    percent of the obligor's disposable earnings.
11-12          Sec. 8.107.  ORDER OR WRIT BINDING ON EMPLOYER DOING BUSINESS
11-13    IN THIS STATE. An order or writ of withholding issued under this
11-14    chapter and delivered to an employer doing business in this state
11-15    is binding on the employer without regard to whether the obligor
11-16    resides or works outside this state.
11-17          Sec. 8.108.  VOLUNTARY WRIT OF WITHHOLDING BY OBLIGOR. (a)
11-18    An obligor may file with the clerk of the court a notarized or
11-19    acknowledged request signed by the obligor and the obligee for the
11-20    issuance and delivery to the obligor's employer of a writ of
11-21    withholding.  The obligor may file the request under this section
11-22    regardless of whether a writ or order has been served on any party
11-23    or whether the obligor owes arrearages.
11-24          (b)  On receipt of a request under this section, the clerk
11-25    shall issue and deliver a writ of withholding in the manner
11-26    provided by this subchapter.
11-27          (c)  An employer who receives a writ of withholding issued
 12-1    under this section may request a hearing in the same manner and
 12-2    according to the same terms provided by Section 8.205.
 12-3          (d)  An obligor whose employer receives a writ of withholding
 12-4    issued under this section may request a hearing in the manner
 12-5    provided by Section 8.258.
 12-6          (e)  An obligee may contest a writ of income withholding
 12-7    issued under this section by requesting, not later than the 180th
 12-8    day after the date on which the obligee discovers that the writ was
 12-9    issued, a hearing to be conducted in the manner provided by Section
12-10    8.258 for a hearing on a motion to stay.
12-11          (f)  A writ of withholding under this section may not reduce
12-12    the total amount of spousal maintenance, including arrearages, owed
12-13    by the obligor.
12-14               (Sections 8.109-8.150 reserved for expansion
12-15                         SUBCHAPTER D.  PROCEDURE
12-16          Sec. 8.151.  TIME LIMIT. The court may issue an order or writ
12-17    for withholding under this chapter at any time before all spousal
12-18    maintenance and arrearages are paid.
12-19          Sec. 8.152.  CONTENTS OF ORDER OF WITHHOLDING. (a)  An order
12-20    of withholding must state:
12-21                (1)  the style, cause number, and court having
12-22    jurisdiction to enforce the order;
12-23                (2)  the name, address, and, if available, the social
12-24    security number of the obligor;
12-25                (3)  the amount and duration of the spousal maintenance
12-26    payments; and
12-27                (4)  the name, address, and, if available, the social
 13-1    security number of the obligee.
 13-2          (b)  The order for withholding must require the obligor to
 13-3    notify the court promptly of any material change affecting the
 13-4    order, including a change of employer.
 13-5          Sec. 8.153.  REQUEST FOR ISSUANCE OF ORDER OR WRIT OF
 13-6    WITHHOLDING. An obligor or obligee may file with the clerk of the
 13-7    court a request for issuance of an order or writ of withholding.
 13-8          Sec. 8.154.  ISSUANCE AND DELIVERY OF ORDER OR WRIT OF
 13-9    WITHHOLDING. (a)  On receipt of a request for issuance of an order
13-10    or writ of withholding, the clerk of the court shall deliver a
13-11    certified copy of the order or writ to the obligor's current
13-12    employer or to any subsequent employer of the obligor.  The clerk
13-13    shall attach a copy of Subchapter E to the order or writ.
13-14          (b)  Not later than the fourth working day after the date the
13-15    order is signed or the request is filed, whichever is later, the
13-16    clerk shall issue and deliver the certified copy of the order or
13-17    writ by:
13-18                (1)  certified or registered mail, return receipt
13-19    requested, to the employer; or
13-20                (2)  service of citation to:
13-21                      (A)  the person authorized to receive service of
13-22    process for the employer in civil cases generally; or
13-23                      (B)  a person designated by the employer by
13-24    written notice to the clerk to receive orders or notices of income
13-25    withholding.
13-26               (Sections 8.155-8.200 reserved for expansion
13-27               SUBCHAPTER E.  RIGHTS AND DUTIES OF EMPLOYER
 14-1          Sec. 8.201.  ORDER OR WRIT BINDING ON EMPLOYER. (a)  An
 14-2    employer required to withhold income from earnings under this
 14-3    chapter is not entitled to notice of the proceedings before the
 14-4    order of withholding is rendered or writ of withholding is issued.
 14-5          (b)  An order or writ of withholding is binding on an
 14-6    employer regardless of whether the employer is specifically named
 14-7    in the order or writ.
 14-8          Sec. 8.202.  EFFECTIVE DATE AND DURATION OF INCOME
 14-9    WITHHOLDING. An employer shall begin to withhold income in
14-10    accordance with an order or writ of withholding not later than the
14-11    first pay period after the date the order or writ was delivered to
14-12    the employer.  The employer shall continue to withhold income as
14-13    required by the order or writ as long as the obligor is employed by
14-14    the employer.
14-15          Sec. 8.203.  REMITTING WITHHELD PAYMENTS. (a)  The employer
14-16    shall remit to the person or office named in the order or writ of
14-17    withholding the amount of income withheld from an obligor on each
14-18    pay date.  The remittance must include the date on which the income
14-19    withholding occurred.
14-20          (b)  The employer shall include with each remittance:
14-21                (1)  the cause number of the suit under which income
14-22    withholding is required;
14-23                (2)  the payor's name; and
14-24                (3)  the payee's name, unless the remittance is made by
14-25    electronic funds transfer.
14-26          Sec. 8.204.  EMPLOYER MAY DEDUCT FEE FROM EARNINGS. An
14-27    employer may deduct an administrative fee of not more than $5 each
 15-1    month from the obligor's disposable earnings in addition to the
 15-2    amount withheld as spousal maintenance.
 15-3          Sec. 8.205.  HEARING REQUESTED BY EMPLOYER. (a)  Not later
 15-4    than the 20th day after the date an order or writ of withholding is
 15-5    delivered to an employer, the employer may file with the court a
 15-6    motion for a hearing on the applicability of the order or writ to
 15-7    the employer.
 15-8          (b)  The hearing under this section must be held on or before
 15-9    the 15th day after the date the motion is made.
15-10          (c)  An order or writ of withholding is binding and the
15-11    employer shall continue to withhold income and remit the amount
15-12    withheld pending further order of the court.
15-13          Sec. 8.206.  LIABILITY AND OBLIGATION OF EMPLOYER FOR
15-14    PAYMENTS. (a)  An employer who complies with an order or writ of
15-15    withholding under this chapter is not liable to the obligor for the
15-16    amount of income withheld and remitted as required by the order or
15-17    writ.
15-18          (b)  An employer who receives, but does not comply with, an
15-19    order or writ of withholding is liable to:
15-20                (1)  the obligee for any amount of spousal maintenance
15-21    not paid in compliance with the order or writ;
15-22                (2)  the obligor for any amount withheld from the
15-23    obligor's disposable earnings, but not remitted to the obligee; and
15-24                (3)  the obligee or obligor for reasonable attorney's
15-25    fees and court costs incurred in recovering an amount described by
15-26    Subdivision (1) or (2).
15-27          (c)  An employer shall comply with an order of withholding
 16-1    for spousal maintenance or alimony issued in another state that
 16-2    appears regular on its face in the same manner as an order issued
 16-3    by a tribunal of this state.  The employer shall notify the
 16-4    employee of the order and comply with the order in the manner
 16-5    provided by Subchapter F, Chapter 159, with respect to an order of
 16-6    withholding for child support issued by another state.  The
 16-7    employer may contest the order of withholding in the manner
 16-8    provided by that subchapter with respect to an order of withholding
 16-9    for child support issued by another state.
16-10          Sec. 8.207.  EMPLOYER RECEIVING MULTIPLE ORDERS OR WRITS. (a)
16-11    An employer who receives more than one order or writ of withholding
16-12    to withhold income from the same obligor shall withhold the
16-13    combined amounts due under each order or writ unless the combined
16-14    amounts due exceed the maximum total amount of allowed income
16-15    withholding under Section 8.106.
16-16          (b)  If the combined amounts to be withheld under multiple
16-17    orders or writs for the same obligor exceed the maximum total
16-18    amount of allowed income withholding under Section 8.106, the
16-19    employer shall pay:
16-20                (1)  first, the amount of current child support and
16-21    arrearages, if any, owed by the obligor until the employer has
16-22    complied fully with each order or writ for child support;
16-23                (2)  second, an equal amount toward current maintenance
16-24    owed by the obligor until the employer has complied fully with each
16-25    order or writ for current maintenance; and
16-26                (3)  third, an equal amount toward any arrearages for
16-27    spousal maintenance owed by the obligor until the employer has
 17-1    complied fully with each order or writ for spousal maintenance
 17-2    arrearages.
 17-3          Sec. 8.208.  EMPLOYER'S LIABILITY FOR DISCRIMINATORY HIRING
 17-4    OR DISCHARGE. (a)  An employer may not use an order or writ of
 17-5    withholding as grounds in whole or part for the termination of
 17-6    employment of, or for any other disciplinary action against, an
 17-7    employee.
 17-8          (b)  An employer may not refuse to hire an employee because
 17-9    of an order or writ of withholding.
17-10          (c)  An employer who intentionally discharges an employee in
17-11    violation of this section is liable to that employee for current
17-12    wages, other employment benefits, and reasonable attorney's fees
17-13    and court costs incurred in enforcing the employee's rights.
17-14          (d)  An employee may bring an action to enforce the
17-15    employee's rights under this section.
17-16          Sec. 8.209.  PENALTY FOR NONCOMPLIANCE. (a)  In addition to
17-17    the civil remedies provided by this subchapter or any other remedy
17-18    provided by law, an employer who knowingly violates this chapter by
17-19    failing to withhold income for spousal maintenance or to remit
17-20    withheld income in accordance with an order or writ of withholding
17-21    issued under this chapter commits an offense.
17-22          (b)  An offense under this section is punishable by a fine
17-23    not to exceed $200 for each violation.
17-24          Sec. 8.210.  NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW
17-25    EMPLOYMENT. (a)  An obligor who terminates employment with an
17-26    employer who has been withholding income and the obligor's employer
17-27    shall each notify the court and the obligee of:
 18-1                (1)  the termination of employment not later than the
 18-2    seventh day after the date of termination;
 18-3                (2)  the obligor's last known address; and
 18-4                (3)  the name and address of the obligor's new
 18-5    employer, if known.
 18-6          (b)  The obligor shall inform a subsequent employer of the
 18-7    order or writ of withholding after obtaining employment.
 18-8               (Sections 8.211-8.250 reserved for expansion
 18-9            SUBCHAPTER F.  WRIT OF WITHHOLDING ISSUED BY CLERK
18-10          Sec. 8.251.  NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING;
18-11    FILING. (a)  An obligor or obligee may file a notice of application
18-12    for a writ of withholding if income withholding was not ordered at
18-13    the time spousal maintenance was ordered.
18-14          (b)  The obligor or obligee may file the notice of
18-15    application for a writ of withholding in the court that ordered the
18-16    spousal maintenance under Subchapter B.
18-17          Sec. 8.252.  CONTENTS OF NOTICE OF APPLICATION FOR WRIT OF
18-18    WITHHOLDING. The notice of application for a writ of withholding
18-19    must be verified and:
18-20                (1)  state the amount of monthly maintenance due,
18-21    including the amount of arrearages or anticipated arrearages, and
18-22    the amount of disposable earnings to be withheld under a writ of
18-23    withholding;
18-24                (2)  state that the withholding applies to each current
18-25    or subsequent employer or period of employment;
18-26                (3)  state that the obligor's employer will be notified
18-27    to begin the withholding if the obligor does not contest the
 19-1    withholding on or before the 10th day after the date the obligor
 19-2    receives the notice;
 19-3                (4)  describe the procedures for contesting the
 19-4    issuance and delivery of a writ of withholding;
 19-5                (5)  state that the obligor will be provided an
 19-6    opportunity for a hearing not later than the 30th day after the
 19-7    date of receipt of the notice of contest if the obligor contests
 19-8    the withholding;
 19-9                (6)  state that the sole ground for successfully
19-10    contesting the issuance of a writ of withholding is a dispute
19-11    concerning the identity of the obligor or the existence or amount
19-12    of the arrearages;
19-13                (7)  describe the actions that may be taken if the
19-14    obligor contests the notice of application for a writ of
19-15    withholding, including the procedures for suspending issuance of a
19-16    writ of withholding; and
19-17                (8)  include with the notice a suggested form for the
19-18    motion to stay issuance and delivery of the writ of withholding
19-19    that the obligor may file with the clerk of the appropriate court.
19-20          Sec. 8.253.  INTERSTATE REQUEST FOR WITHHOLDING. (a)  The
19-21    registration of a foreign order that provides for spousal
19-22    maintenance or alimony as provided in Chapter 159 is sufficient for
19-23    filing a notice of application for a writ of withholding.
19-24          (b)  The notice must be filed with the clerk of the court
19-25    having venue as provided in Chapter 159.
19-26          (c)  The notice of application for a writ of withholding may
19-27    be delivered to the obligor at the same time that an order is filed
 20-1    for registration under Chapter 159.
 20-2          Sec. 8.254.  ADDITIONAL ARREARAGES. If the notice of
 20-3    application for a writ of withholding states that the obligor has
 20-4    failed to pay more than one spousal maintenance payment according
 20-5    to the terms of the spousal maintenance order, the writ of
 20-6    withholding may include withholding for arrearages that accrue
 20-7    between the filing of the notice and the date of the hearing or the
 20-8    issuance of the writ.
 20-9          Sec. 8.255.  DELIVERY OF NOTICE OF APPLICATION FOR WRIT OF
20-10    WITHHOLDING; TIME OF DELIVERY. (a)  The party who files a notice of
20-11    application for a writ of withholding shall deliver the notice to
20-12    the obligor by:
20-13                (1)  first-class or certified mail, return receipt
20-14    requested, addressed to the obligor's last known address or place
20-15    of employment; or
20-16                (2)  service of citation as in civil cases generally.
20-17          (b)  If the notice is delivered by mail, the party who filed
20-18    the notice shall file with the court a certificate stating the
20-19    name, address, and date the party mailed the notice.
20-20          (c)  The notice is considered to have been received by the
20-21    obligor:
20-22                (1)  on the date of receipt, if the notice was mailed
20-23    by certified mail;
20-24                (2)  on the 10th day after the date the notice was
20-25    mailed, if the notice was mailed by first-class mail; or
20-26                (3)  on the date of service, if the notice was
20-27    delivered by service of citation.
 21-1          Sec. 8.256.  MOTION TO STAY ISSUANCE OF WRIT OF WITHHOLDING.
 21-2    (a)  The obligor may stay issuance of a writ of withholding by
 21-3    filing a motion to stay with the clerk of the court not later than
 21-4    the 10th day after the date the notice of application for a writ of
 21-5    withholding was received.
 21-6          (b)  The grounds for filing a motion to stay issuance are
 21-7    limited to a dispute concerning the identity of the obligor or the
 21-8    existence or the amount of the arrearages.
 21-9          (c)  The obligor shall verify that the statements of fact in
21-10    the motion to stay issuance of the writ are correct.
21-11          Sec. 8.257.  EFFECT OF FILING MOTION TO STAY. If the obligor
21-12    files a motion to stay as provided by Section 8.256, the clerk of
21-13    the court may not deliver the writ of withholding to the obligor's
21-14    employer before a hearing is held.
21-15          Sec. 8.258.  HEARING ON MOTION TO STAY. (a)  If the obligor
21-16    files a motion to stay as provided by Section 8.256, the court
21-17    shall set a hearing on the motion and the clerk of the court shall
21-18    notify the obligor and obligee of the date, time, and place of the
21-19    hearing.
21-20          (b)  The court shall hold a hearing on the motion to stay not
21-21    later than the 30th day after the date the motion was filed unless
21-22    the obligor and obligee agree and waive the right to have the
21-23    motion heard within 30 days.
21-24          (c)  After the hearing, the court shall:
21-25                (1)  render an order for income withholding that
21-26    includes a determination of any amount of arrearages; or
21-27                (2)  grant the motion to stay.
 22-1          Sec. 8.259.  SPECIAL EXCEPTIONS. (a)  A defect in a notice of
 22-2    application for a writ of withholding is waived unless the
 22-3    respondent specially excepts in writing and cites with
 22-4    particularity the alleged defect, obscurity, or other ambiguity in
 22-5    the notice.
 22-6          (b)  A special exception under this section must be heard by
 22-7    the court before hearing the motion to stay issuance.
 22-8          (c)  If the court sustains an exception, the court shall
 22-9    provide the party filing the notice an opportunity to refile and
22-10    shall continue the hearing to a specified date without requiring
22-11    additional service.
22-12          Sec. 8.260.  WRIT OF WITHHOLDING AFTER ARREARAGES ARE PAID.
22-13    (a)  The court may not refuse to order withholding solely on the
22-14    basis that the obligor paid the arrearages after the obligor
22-15    received the notice of application for a writ of withholding.
22-16          (b)  The court shall order that a reasonable amount of income
22-17    be withheld and applied toward the liquidation of arrearages, even
22-18    though a judgment confirming arrearages was rendered against the
22-19    obligor.
22-20          Sec. 8.261.  REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF
22-21    WITHHOLDING. (a)  If a notice of application for a writ of
22-22    withholding is delivered and the obligor does not file a motion to
22-23    stay within the time provided by Section 8.256, the party who filed
22-24    the notice shall file with the clerk of the court a request for
22-25    issuance of the writ of withholding stating the amount of current
22-26    spousal maintenance, the amount of arrearages, and the amount to be
22-27    withheld from the obligor's income.
 23-1          (b)  The party who filed the notice may not file a request
 23-2    for issuance before the 11th day after the date the obligor
 23-3    received the notice of application for a writ of withholding.
 23-4          Sec. 8.262.  ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING.
 23-5    The clerk of the court shall, on the filing of a request for
 23-6    issuance of a writ of withholding, issue and deliver the writ as
 23-7    provided by Subchapter D not later than the second working day
 23-8    after the date the request is filed.
 23-9          Sec. 8.263.  CONTENTS OF WRIT OF WITHHOLDING. A writ of
23-10    withholding must direct that an obligor's employer or a subsequent
23-11    employer withhold from the obligor's disposable earnings an amount
23-12    for current spousal maintenance and arrearages consistent with this
23-13    chapter.
23-14          Sec. 8.264.  EXTENSION OF REPAYMENT SCHEDULE BY PARTY;
23-15    UNREASONABLE HARDSHIP. A party who files a notice of application
23-16    for a writ of withholding and who determines that the schedule for
23-17    repaying arrearages would cause unreasonable hardship to the
23-18    obligor or the obligor's family may extend the payment period in
23-19    the writ.
23-20          Sec. 8.265.  REMITTANCE OF AMOUNT TO BE WITHHELD. The
23-21    obligor's employer shall remit the amount withheld to the person or
23-22    office named in the writ on each pay date and shall include with
23-23    the remittance the date on which the withholding occurred.
23-24          Sec. 8.266.  FAILURE TO RECEIVE NOTICE OF APPLICATION FOR
23-25    WRIT OF WITHHOLDING. (a)  Not later than the 30th day after the
23-26    date of the first pay period after the date the obligor's employer
23-27    receives a writ of withholding, the obligor may file an affidavit
 24-1    with the court stating that:
 24-2                (1)  the obligor did not timely file a motion to stay
 24-3    because the obligor did not receive the notice of application for a
 24-4    writ of withholding; and
 24-5                (2)  grounds exist for a motion to stay.
 24-6          (b)  The obligor may:
 24-7                (1)  file with the affidavit a motion to withdraw the
 24-8    writ of withholding; and
 24-9                (2)  request a hearing on the applicability of the
24-10    writ.
24-11          (c)  Income withholding may not be interrupted until after
24-12    the hearing at which the court renders an order denying or
24-13    modifying withholding.
24-14          Sec. 8.267.  ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING TO
24-15    SUBSEQUENT EMPLOYER. (a)  After the clerk of the court issues a
24-16    writ of withholding, a party authorized to file a notice of
24-17    application for a writ of withholding under this subchapter may
24-18    deliver a copy of the writ to a subsequent employer of the obligor
24-19    by certified mail.
24-20          (b)  The writ of withholding must include the name, address,
24-21    and signature of the party and clearly indicate that the writ is
24-22    being issued to a subsequent employer.
24-23          (c)  The party shall file:
24-24                (1)  a copy of the writ of withholding with the clerk
24-25    not later than the third working day after the date of delivery of
24-26    the writ to the subsequent employer; and
24-27                (2)  the postal return receipt from the delivery to the
 25-1    subsequent employer not later than the third working day after the
 25-2    date the party receives the receipt.
 25-3          (d)  The party shall pay the clerk a fee in the amount of $15
 25-4    for filing the copy of the writ.
 25-5               (Sections 8.268-8.300 reserved for expansion
 25-6                  SUBCHAPTER G.  MODIFICATION, REDUCTION,
 25-7                       OR TERMINATION OF WITHHOLDING
 25-8          Sec. 8.301.  AGREEMENT BY PARTIES REGARDING AMOUNT OR
 25-9    DURATION OF WITHHOLDING. (a)  An obligor and obligee may agree to
25-10    reduce or terminate income withholding for spousal maintenance on
25-11    the occurrence of any contingency stated in the order.
25-12          (b)  The obligor and obligee may file a notarized or
25-13    acknowledged request with the clerk of the court under Section
25-14    8.108 for a revised writ of withholding or notice of termination of
25-15    withholding.
25-16          (c)  The clerk shall issue and deliver to the obligor's
25-17    employer a writ of withholding that reflects the agreed revision or
25-18    a notice of termination of withholding.
25-19          (d)  An agreement by the parties under this section does not
25-20    modify the terms of an order for spousal maintenance.
25-21          Sec. 8.302.  MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
25-22    IN VOLUNTARY WITHHOLDING CASES. (a)  If an obligor initiates
25-23    voluntary withholding under Section 8.108, the obligee may file
25-24    with the clerk of the court a notarized request signed by the
25-25    obligor and the obligee for the issuance and delivery to the
25-26    obligor of:
25-27                (1)  a modified writ of withholding that reduces the
 26-1    amount of withholding; or
 26-2                (2)  a notice of termination of withholding.
 26-3          (b)  On receipt of a request under this section, the clerk
 26-4    shall issue and deliver a modified writ of withholding or notice of
 26-5    termination in the manner provided by Section 8.301.
 26-6          (c)  The clerk may charge a reasonable fee in an amount not
 26-7    to exceed $15 for filing the request.
 26-8          (d)  An obligee may contest a modified writ of withholding or
 26-9    notice of termination issued under this section by requesting a
26-10    hearing in the manner provided by Section 8.258 not later than the
26-11    180th day after the date the obligee discovers that the writ or
26-12    notice was issued.
26-13          Sec. 8.303.  DELIVERY OF ORDER OF REDUCTION OR TERMINATION OF
26-14    WITHHOLDING. Any person may deliver to the obligor's employer a
26-15    certified copy of an order that reduces the amount of spousal
26-16    maintenance to be withheld or terminates the withholding.
26-17          Sec. 8.304.  LIABILITY OF EMPLOYERS. The provisions of this
26-18    chapter regarding the liability of employers for withholding apply
26-19    to an order that reduces or terminates withholding.
26-20          SECTION 2.  (a)  This Act takes effect September 1, 2001.
26-21          (b)  The change in law made by this Act applies to spousal
26-22    maintenance payments regardless of whether the payments become due
26-23    before, on, or after the effective date of this Act.