1-1     By:  Thompson (Senate Sponsor - Harris)                H.B. No. 691
 1-2           (In the Senate - Received from the House April 27, 2001;
 1-3     April 30, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to income withholding for spousal maintenance; providing a
 1-9     penalty.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 8, Family Code, is amended to read as
1-12     follows:
1-13                           CHAPTER 8.  MAINTENANCE
1-14                      SUBCHAPTER A.  GENERAL PROVISIONS
1-15           Sec. 8.001.  DEFINITIONS [DEFINITION]. In this chapter:
1-16                 (1)  "Maintenance"[, "maintenance"] means an award in a
1-17     suit for dissolution of a marriage of periodic payments from the
1-18     future income of one spouse for the support of the other spouse.
1-19                 (2)  "Notice of application for a writ of withholding"
1-20     means the document delivered to an obligor and filed with the court
1-21     as required by this chapter for the nonjudicial determination of
1-22     arrears and initiation of withholding for spousal maintenance.
1-23                 (3)  "Obligee" means a person entitled to receive
1-24     payments under the terms of an order for spousal maintenance.
1-25                 (4)  "Obligor" means a person required to make periodic
1-26     payments under the terms of an order for spousal maintenance.
1-27                 (5)  "Writ of withholding" means the document issued by
1-28     the clerk of a court and delivered to an employer, directing that
1-29     earnings be withheld for payment of spousal maintenance as provided
1-30     by this chapter.
1-31                (Sections 8.002-8.050 reserved for expansion
1-32                  SUBCHAPTER B.  COURT-ORDERED MAINTENANCE
1-33           Sec. 8.051 [8.002].  ELIGIBILITY FOR MAINTENANCE; COURT
1-34     ORDER. [(a)]  In a suit for dissolution of a marriage or in a
1-35     proceeding for maintenance in a court with personal jurisdiction
1-36     over both former spouses following the dissolution of their
1-37     marriage by a court that lacked personal jurisdiction over an
1-38     absent spouse, the court may order maintenance for either spouse
1-39     only if:
1-40                 (1)  the spouse from whom maintenance is requested was
1-41     convicted of or received deferred adjudication for a criminal
1-42     offense that also constitutes an act of family violence under Title
1-43     4 and the offense occurred:
1-44                       (A)  within two years before the date on which a
1-45     suit for dissolution of the marriage is filed; or
1-46                       (B)  while the suit is pending; or
1-47                 (2)  the duration of the marriage was 10 years or
1-48     longer, the spouse seeking maintenance lacks sufficient property,
1-49     including property distributed to the spouse under this code, to
1-50     provide for the spouse's minimum reasonable needs, as limited by
1-51     Section 8.054 [8.005], and the spouse seeking maintenance:
1-52                       (A)  is unable to support himself or herself
1-53     through appropriate employment because of an incapacitating
1-54     physical or mental disability;
1-55                       (B)  is the custodian of a child who requires
1-56     substantial care and personal supervision because a physical or
1-57     mental disability makes it necessary, taking into consideration the
1-58     needs of the child, that the spouse not be employed outside the
1-59     home; or
1-60                       (C)  clearly lacks earning ability in the labor
1-61     market adequate to provide support for the spouse's minimum
1-62     reasonable needs, as limited by Section 8.054 [8.005].
1-63           [(b)  A court may enforce an order for spousal maintenance
1-64     under this section by ordering garnishment of the wages of the
 2-1     person ordered to pay the maintenance or by any other means
 2-2     available under Section 8.009.]
 2-3           Sec. 8.052 [8.003].  FACTORS IN DETERMINING MAINTENANCE. A
 2-4     court that determines that a spouse is eligible to receive
 2-5     maintenance under this chapter shall determine the nature, amount,
 2-6     duration, and manner of periodic payments by considering all
 2-7     relevant factors, including:
 2-8                 (1)  the financial resources of the spouse seeking
 2-9     maintenance, including the community and separate property and
2-10     liabilities apportioned to that spouse in the dissolution
2-11     proceeding, and that spouse's ability to meet the spouse's needs
2-12     independently;
2-13                 (2)  the education and employment skills of the
2-14     spouses, the time necessary to acquire sufficient education or
2-15     training to enable the spouse seeking maintenance to find
2-16     appropriate employment, the availability of that education or
2-17     training, and the feasibility of that education or training;
2-18                 (3)  the duration of the marriage;
2-19                 (4)  the age, employment history, earning ability, and
2-20     physical and emotional condition of the spouse seeking maintenance;
2-21                 (5)  the ability of the spouse from whom maintenance is
2-22     requested to meet that spouse's personal needs and to provide
2-23     periodic child support payments, if applicable, while meeting the
2-24     personal needs of the spouse seeking maintenance;
2-25                 (6)  acts by either spouse resulting in excessive or
2-26     abnormal expenditures or destruction, concealment, or fraudulent
2-27     disposition of community property, joint tenancy, or other property
2-28     held in common;
2-29                 (7)  the comparative financial resources of the
2-30     spouses, including medical, retirement, insurance, or other
2-31     benefits, and the separate property of each spouse;
2-32                 (8)  the contribution by one spouse to the education,
2-33     training, or increased earning power of the other spouse;
2-34                 (9)  the property brought to the marriage by either
2-35     spouse;
2-36                 (10)  the contribution of a spouse as homemaker;
2-37                 (11)  marital misconduct of the spouse seeking
2-38     maintenance; and
2-39                 (12)  the efforts of the spouse seeking maintenance to
2-40     pursue available employment counseling as provided by Chapter 304,
2-41     Labor Code.
2-42           Sec. 8.053 [8.004].  PRESUMPTION. (a)  Except as provided by
2-43     Subsection (b), it is presumed that maintenance is not warranted
2-44     unless the spouse seeking maintenance has exercised diligence in:
2-45                 (1)  seeking suitable employment; or
2-46                 (2)  developing the necessary skills to become
2-47     self-supporting during a period of separation and during the time
2-48     the suit for dissolution of the marriage is pending.
2-49           (b)  This section does not apply to a spouse who is not able
2-50     to satisfy the presumption in Subsection (a) because of an
2-51     incapacitating physical or mental disability.
2-52           Sec. 8.054 [8.005].  DURATION OF MAINTENANCE ORDER. (a)
2-53     Except as provided by Subsection (b), a court:
2-54                 (1)  may not order maintenance that remains in effect
2-55     for more than three years after the date of the order; and
2-56                 (2)  shall limit the duration of a maintenance order to
2-57     the shortest reasonable period that allows the spouse seeking
2-58     maintenance to meet the spouse's minimum reasonable needs by
2-59     obtaining appropriate employment or developing an appropriate
2-60     skill, unless the ability of the spouse to provide for the spouse's
2-61     minimum reasonable needs through employment is substantially or
2-62     totally diminished because of:
2-63                       (A)  physical or mental disability;
2-64                       (B)  duties as the custodian of an infant or
2-65     young child; or
2-66                       (C)  another compelling impediment to gainful
2-67     employment.
2-68           (b)  If a spouse seeking maintenance is unable to support
2-69     himself or herself through appropriate employment because of an
 3-1     incapacitating physical or mental disability, the court may order
 3-2     maintenance for an indefinite period for as long as the disability
 3-3     continues.  The court may order periodic review of its order, on
 3-4     the request of either party or on its own motion, to determine
 3-5     whether the disability is continuing.  The continuation of spousal
 3-6     maintenance under these circumstances is subject to a motion to
 3-7     modify as provided by Section 8.057 [8.008].
 3-8           Sec. 8.055 [8.006].  AMOUNT OF MAINTENANCE. (a)  A court may
 3-9     not order maintenance that requires an obligor [a spouse] to pay
3-10     monthly more than the lesser of:
3-11                 (1)  $2,500; or
3-12                 (2)  20 percent of the spouse's average monthly gross
3-13     income.
3-14           (b)  The court shall set the amount that an obligor [a
3-15     spouse] is required to pay in a maintenance order to provide for
3-16     the minimum reasonable needs of the obligee [spouse receiving the
3-17     maintenance under the order], considering employment or property
3-18     received in the dissolution of the marriage or otherwise owned by
3-19     the obligee [spouse receiving the maintenance] that contributes to
3-20     the minimum reasonable needs of the obligee [that spouse].
3-21           (c)  Department of Veterans Affairs service-connected
3-22     disability compensation, social security benefits and disability
3-23     benefits, and workers' compensation benefits are excluded from
3-24     maintenance.
3-25           Sec. 8.056 [8.007].  TERMINATION. (a)  The obligation to pay
3-26     future maintenance terminates on the death of either party or on
3-27     the remarriage of the obligee [party receiving maintenance].
3-28           (b)  After a hearing, the court shall terminate the
3-29     maintenance order if the obligee [party receiving maintenance]
3-30     cohabits with another person in a permanent place of abode on a
3-31     continuing, conjugal basis.
3-32           Sec. 8.057 [8.008].  MODIFICATION OF MAINTENANCE ORDER. (a)
3-33     The amount of maintenance specified in a court order or the portion
3-34     of a decree that provides for the support of a former spouse may be
3-35     reduced by the filing of a motion in the court that originally
3-36     rendered the order.  A party affected by the order or the portion
3-37     of the decree to be modified may file the motion.
3-38           (b)  Notice of a motion to modify maintenance and the
3-39     response, if any, are governed by the Texas Rules of Civil
3-40     Procedure applicable to the filing of an original lawsuit.  Notice
3-41     must be given by service of citation, and a response must be in the
3-42     form of an answer due on or before 10 a.m. of the first Monday
3-43     after 20 days after the date of service.  A court shall set a
3-44     hearing on the motion in the manner provided by Rule 245, Texas
3-45     Rules of Civil Procedure.
3-46           (c)  After a hearing, the court may modify an original or
3-47     modified order or portion of a decree providing for maintenance on
3-48     a proper showing of a material and substantial change in
3-49     circumstances of either party.  The court shall apply the
3-50     modification only to payment accruing after the filing of the
3-51     motion to modify.
3-52           (d)  A loss of employment or circumstances that render a
3-53     former spouse unable to support himself or herself through
3-54     appropriate employment by reason of incapacitating physical or
3-55     mental disability that occur after the divorce or annulment are not
3-56     grounds for the institution of spousal maintenance for the benefit
3-57     of the former spouse.
3-58           Sec. 8.058.  MAINTENANCE ARREARAGES. A spousal maintenance
3-59     payment not timely made constitutes an arrearage.
3-60           Sec. 8.059 [8.009].  ENFORCEMENT OF MAINTENANCE ORDER. (a)
3-61     The court may enforce by contempt the court's maintenance order or
3-62     an agreement for the payment of maintenance voluntarily entered
3-63     into between the parties and approved by the court.
3-64           (b)  On the suit to enforce by an obligee [of a party
3-65     entitled to receive maintenance payments], the court may render
3-66     judgment against a defaulting party for the [an] amount of
3-67     arrearages [unpaid and owing] after notice by service of citation,
3-68     answer, if any, and a hearing finding that the defaulting party has
3-69     failed or refused to carry out the terms of the order.  The
 4-1     judgment may be enforced by any means available for the enforcement
 4-2     of judgment for debts.
 4-3           (c)  It is an affirmative defense to an allegation of
 4-4     contempt of court or the violation of a condition of probation
 4-5     requiring payment of court-ordered maintenance that the obligor:
 4-6                 (1)  lacked the ability to provide maintenance in the
 4-7     amount ordered;
 4-8                 (2)  lacked property that could be sold, mortgaged, or
 4-9     otherwise pledged to raise the funds needed;
4-10                 (3)  attempted unsuccessfully to borrow the needed
4-11     funds; and
4-12                 (4)  did not know of a source from which the money
4-13     could have been borrowed or otherwise legally obtained.
4-14           (d)  The issue of the existence of an affirmative defense
4-15     does not arise unless evidence is admitted supporting the defense.
4-16     If the issue of the existence of an affirmative defense arises, an
4-17     obligor must prove the affirmative defense by a preponderance of
4-18     the evidence.
4-19           (e)  A court may enforce an order for spousal maintenance
4-20     under this chapter by ordering garnishment of the obligor's wages
4-21     or by any other means available under this section.
4-22           Sec. 8.060 [8.010].  PUTATIVE SPOUSE. In a suit to declare a
4-23     marriage void, a putative spouse who did not have knowledge of an
4-24     existing impediment to a valid marriage may be awarded maintenance
4-25     if otherwise qualified to receive maintenance under this chapter.
4-26           Sec. 8.061 [8.011].  UNMARRIED COHABITANTS. An order for
4-27     maintenance is not authorized between unmarried cohabitants under
4-28     any circumstances.
4-29                (Sections 8.062-8.100 reserved for expansion
4-30                      SUBCHAPTER C.  INCOME WITHHOLDING
4-31           Sec. 8.101.  INCOME WITHHOLDING; GENERAL RULE. (a)  In a
4-32     proceeding in which periodic payments of spousal maintenance are
4-33     ordered, modified, or enforced, the court may order that income be
4-34     withheld from the disposable earnings of the obligor as provided by
4-35     this chapter.
4-36           (b)  This subchapter does not apply to contractual alimony or
4-37     spousal maintenance, regardless of whether the alimony or
4-38     maintenance is taxable, unless:
4-39                 (1)  the contract specifically permits income
4-40     withholding; or
4-41                 (2)  the alimony or maintenance payments are not timely
4-42     made under the terms of the contract.
4-43           (c)  An order or writ of withholding for spousal maintenance
4-44     may be combined with an order or writ of withholding for child
4-45     support only if the obligee has been appointed managing conservator
4-46     of the child for whom the child support is owed and is the
4-47     conservator with whom the child primarily resides.
4-48           (d)  An order or writ of withholding that combines
4-49     withholding for spousal maintenance and child support must:
4-50                 (1)  require that the withheld amounts be paid to the
4-51     appropriate place of payment under Section 154.004;
4-52                 (2)  be in the form prescribed by the Title IV-D agency
4-53     under Section 158.106;
4-54                 (3)  clearly indicate the amounts withheld that are to
4-55     be applied to current spousal maintenance and to any maintenance
4-56     arrearages; and
4-57                 (4)  subject to the maximum withholding allowed under
4-58     Section 8.106, order that withheld income be applied in the
4-59     following order of priority:
4-60                       (A)  current child support;
4-61                       (B)  current spousal maintenance;
4-62                       (C)  child support arrearages; and
4-63                       (D)  spousal maintenance arrearages.
4-64           (e)  Garnishment for the purposes of spousal maintenance does
4-65     not apply to unemployment insurance benefit payments.
4-66           Sec. 8.102.  WITHHOLDING FOR ARREARAGES IN ADDITION TO
4-67     CURRENT SPOUSAL MAINTENANCE. (a)  The court may order that, in
4-68     addition to income withheld for current spousal maintenance, income
4-69     be withheld from the disposable earnings of the obligor to be
 5-1     applied toward the liquidation of any arrearages.
 5-2           (b)  The additional amount withheld to be applied toward
 5-3     arrearages must be whichever of the following amounts will
 5-4     discharge the arrearages in the least amount of time:
 5-5                 (1)  an amount sufficient to discharge the arrearages
 5-6     in not more than two years; or
 5-7                 (2)  20 percent of the amount withheld for current
 5-8     maintenance.
 5-9           Sec. 8.103.  WITHHOLDING FOR ARREARAGES WHEN CURRENT
5-10     MAINTENANCE IS NOT DUE. A court may order income withholding to be
5-11     applied toward arrearages in an amount sufficient to discharge
5-12     those arrearages in not more than two years if current spousal
5-13     maintenance is no longer owed.
5-14           Sec. 8.104.  WITHHOLDING TO SATISFY JUDGMENT FOR ARREARAGES.
5-15     The court, in rendering a cumulative judgment for arrearages, may
5-16     order that a reasonable amount of income be withheld from the
5-17     disposable earnings of the obligor to be applied toward the
5-18     satisfaction of the judgment.
5-19           Sec. 8.105.  PRIORITY OF WITHHOLDING. An order or writ of
5-20     withholding under this chapter has priority over any garnishment,
5-21     attachment, execution, or other order affecting disposable
5-22     earnings, except for an order or writ of withholding for child
5-23     support under Chapter 158.
5-24           Sec. 8.106.  MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An order
5-25     or writ of withholding must direct that an obligor's employer
5-26     withhold from the obligor's disposable earnings the lesser of:
5-27                 (1)  the amount specified in the order or writ; or
5-28                 (2)  an amount that, when added to the amount of income
5-29     being withheld by the employer for child support, is equal to 50
5-30     percent of the obligor's disposable earnings.
5-31           Sec. 8.107.  ORDER OR WRIT BINDING ON EMPLOYER DOING BUSINESS
5-32     IN THIS STATE. An order or writ of withholding issued under this
5-33     chapter and delivered to an employer doing business in this state
5-34     is binding on the employer without regard to whether the obligor
5-35     resides or works outside this state.
5-36           Sec. 8.108.  VOLUNTARY WRIT OF WITHHOLDING BY OBLIGOR. (a)
5-37     An obligor may file with the clerk of the court a notarized or
5-38     acknowledged request signed by the obligor and the obligee for the
5-39     issuance and delivery to the obligor's employer of a writ of
5-40     withholding.  The obligor may file the request under this section
5-41     regardless of whether a writ or order has been served on any party
5-42     or whether the obligor owes arrearages.
5-43           (b)  On receipt of a request under this section, the clerk
5-44     shall issue and deliver a writ of withholding in the manner
5-45     provided by this subchapter.
5-46           (c)  An employer who receives a writ of withholding issued
5-47     under this section may request a hearing in the same manner and
5-48     according to the same terms provided by Section 8.205.
5-49           (d)  An obligor whose employer receives a writ of withholding
5-50     issued under this section may request a hearing in the manner
5-51     provided by Section 8.258.
5-52           (e)  An obligee may contest a writ of income withholding
5-53     issued under this section by requesting, not later than the 180th
5-54     day after the date on which the obligee discovers that the writ was
5-55     issued, a hearing to be conducted in the manner provided by Section
5-56     8.258 for a hearing on a motion to stay.
5-57           (f)  A writ of withholding under this section may not reduce
5-58     the total amount of spousal maintenance, including arrearages, owed
5-59     by the obligor.
5-60                (Sections 8.109-8.150 reserved for expansion
5-61                          SUBCHAPTER D.  PROCEDURE
5-62           Sec. 8.151.  TIME LIMIT. The court may issue an order or writ
5-63     for withholding under this chapter at any time before all spousal
5-64     maintenance and arrearages are paid.
5-65           Sec. 8.152.  CONTENTS OF ORDER OF WITHHOLDING. (a)  An order
5-66     of withholding must state:
5-67                 (1)  the style, cause number, and court having
5-68     jurisdiction to enforce the order;
5-69                 (2)  the name, address, and, if available, the social
 6-1     security number of the obligor;
 6-2                 (3)  the amount and duration of the spousal maintenance
 6-3     payments, including the amount and duration of withholding for
 6-4     arrearages, if any; and
 6-5                 (4)  the name, address, and, if available, the social
 6-6     security number of the obligee.
 6-7           (b)  The order for withholding must require the obligor to
 6-8     notify the court promptly of any material change affecting the
 6-9     order, including a change of employer.
6-10           (c)  On request by an obligee, the court may exclude from an
6-11     order of withholding the obligee's address and social security
6-12     number if the obligee or a member of the obligee's family or
6-13     household is a victim of family violence and is the subject of a
6-14     protective order to which the obligor is also subject.  On granting
6-15     a request under this subsection, the court shall order the clerk
6-16     to:
6-17                 (1)  strike the address and social security number
6-18     required by Subsection (a)  from the order or writ of withholding;
6-19     and
6-20                 (2)  maintain a confidential record of the obligee's
6-21     address and social security number to be used only by the court.
6-22           Sec. 8.153.  REQUEST FOR ISSUANCE OF ORDER OR WRIT OF
6-23     WITHHOLDING. An obligor or obligee may file with the clerk of the
6-24     court a request for issuance of an order or writ of withholding.
6-25           Sec. 8.154.  ISSUANCE AND DELIVERY OF ORDER OR WRIT OF
6-26     WITHHOLDING. (a)  On receipt of a request for issuance of an order
6-27     or writ of withholding, the clerk of the court shall deliver a
6-28     certified copy of the order or writ to the obligor's current
6-29     employer or to any subsequent employer of the obligor.  The clerk
6-30     shall attach a copy of Subchapter E to the order or writ.
6-31           (b)  Not later than the fourth working day after the date the
6-32     order is signed or the request is filed, whichever is later, the
6-33     clerk shall issue and deliver the certified copy of the order or
6-34     writ by:
6-35                 (1)  certified or registered mail, return receipt
6-36     requested, to the employer; or
6-37                 (2)  service of citation to:
6-38                       (A)  the person authorized to receive service of
6-39     process for the employer in civil cases generally; or
6-40                       (B)  a person designated by the employer by
6-41     written notice to the clerk to receive orders or notices of income
6-42     withholding.
6-43                (Sections 8.155-8.200 reserved for expansion
6-44                SUBCHAPTER E.  RIGHTS AND DUTIES OF EMPLOYER
6-45           Sec. 8.201.  ORDER OR WRIT BINDING ON EMPLOYER. (a)  An
6-46     employer required to withhold income from earnings under this
6-47     chapter is not entitled to notice of the proceedings before the
6-48     order of withholding is rendered or writ of withholding is issued.
6-49           (b)  An order or writ of withholding is binding on an
6-50     employer regardless of whether the employer is specifically named
6-51     in the order or writ.
6-52           Sec. 8.202.  EFFECTIVE DATE AND DURATION OF INCOME
6-53     WITHHOLDING. An employer shall begin to withhold income in
6-54     accordance with an order or writ of withholding not later than the
6-55     first pay period after the date the order or writ was delivered to
6-56     the employer.  The employer shall continue to withhold income as
6-57     required by the order or writ as long as the obligor is employed by
6-58     the employer.
6-59           Sec. 8.203.  REMITTING WITHHELD PAYMENTS. (a)  The employer
6-60     shall remit to the person or office named in the order or writ of
6-61     withholding the amount of income withheld from an obligor on each
6-62     pay date.  The remittance must include the date on which the income
6-63     withholding occurred.
6-64           (b)  The employer shall include with each remittance:
6-65                 (1)  the cause number of the suit under which income
6-66     withholding is required;
6-67                 (2)  the payor's name; and
6-68                 (3)  the payee's name, unless the remittance is made by
6-69     electronic funds transfer.
 7-1           Sec. 8.204.  EMPLOYER MAY DEDUCT FEE FROM EARNINGS. An
 7-2     employer may deduct an administrative fee of not more than $5 each
 7-3     month from the obligor's disposable earnings in addition to the
 7-4     amount withheld as spousal maintenance.
 7-5           Sec. 8.205.  HEARING REQUESTED BY EMPLOYER. (a)  Not later
 7-6     than the 20th day after the date an order or writ of withholding is
 7-7     delivered to an employer, the employer may file with the court a
 7-8     motion for a hearing on the applicability of the order or writ to
 7-9     the employer.
7-10           (b)  The hearing under this section must be held on or before
7-11     the 15th day after the date the motion is made.
7-12           (c)  An order or writ of withholding is binding and the
7-13     employer shall continue to withhold income and remit the amount
7-14     withheld pending further order of the court.
7-15           Sec. 8.206.  LIABILITY AND OBLIGATION OF EMPLOYER FOR
7-16     PAYMENTS. (a)  An employer who complies with an order or writ of
7-17     withholding under this chapter is not liable to the obligor for the
7-18     amount of income withheld and remitted as required by the order or
7-19     writ.
7-20           (b)  An employer who receives, but does not comply with, an
7-21     order or writ of withholding is liable to:
7-22                 (1)  the obligee for any amount of spousal maintenance
7-23     not paid in compliance with the order or writ;
7-24                 (2)  the obligor for any amount withheld from the
7-25     obligor's disposable earnings, but not remitted to the obligee; and
7-26                 (3)  the obligee or obligor for reasonable attorney's
7-27     fees and court costs incurred in recovering an amount described by
7-28     Subdivision (1) or (2).
7-29           (c)  An employer shall comply with an order of withholding
7-30     for spousal maintenance or alimony issued in another state that
7-31     appears regular on its face in the same manner as an order issued
7-32     by a tribunal of this state.  The employer shall notify the
7-33     employee of the order and comply with the order in the manner
7-34     provided by Subchapter F, Chapter 159, with respect to an order of
7-35     withholding for child support issued by another state.  The
7-36     employer may contest the order of withholding in the manner
7-37     provided by that subchapter with respect to an order of withholding
7-38     for child support issued by another state.
7-39           Sec. 8.207.  EMPLOYER RECEIVING MULTIPLE ORDERS OR WRITS. (a)
7-40     An employer who receives more than one order or writ of withholding
7-41     to withhold income from the same obligor shall withhold the
7-42     combined amounts due under each order or writ unless the combined
7-43     amounts due exceed the maximum total amount of allowed income
7-44     withholding under Section 8.106.
7-45           (b)  If the combined amounts to be withheld under multiple
7-46     orders or writs for the same obligor exceed the maximum total
7-47     amount of allowed income withholding under Section 8.106, the
7-48     employer shall pay, until that maximum is reached, in the following
7-49     order of priority:
7-50                 (1)  an equal amount toward current child support owed
7-51     by the obligor in each order or writ until the employer has
7-52     complied fully with each current child support obligation;
7-53                 (2)  an equal amount toward current maintenance owed by
7-54     the obligor in each order or writ until the employer has complied
7-55     fully with each current maintenance obligation;
7-56                 (3)  an equal amount toward child support arrearages
7-57     owed by the obligor in each order or writ until the employer has
7-58     complied fully with each order or writ for child support
7-59     arrearages; and
7-60                 (4)  an equal amount toward maintenance arrearages owed
7-61     by the obligor in each order or writ until the employer has
7-62     complied fully with each order or writ for spousal maintenance
7-63     arrearages.
7-64           Sec. 8.208.  EMPLOYER'S LIABILITY FOR DISCRIMINATORY HIRING
7-65     OR DISCHARGE. (a)  An employer may not use an order or writ of
7-66     withholding as grounds in whole or part for the termination of
7-67     employment of, or for any other disciplinary action against, an
7-68     employee.
7-69           (b)  An employer may not refuse to hire an employee because
 8-1     of an order or writ of withholding.
 8-2           (c)  An employer who intentionally discharges an employee in
 8-3     violation of this section is liable to that employee for current
 8-4     wages, other employment benefits, and reasonable attorney's fees
 8-5     and court costs incurred in enforcing the employee's rights.
 8-6           (d)  In addition to liability imposed under Subsection (c),
 8-7     the court shall order with respect to an employee whose employment
 8-8     was suspended or terminated in violation of this section
 8-9     appropriate injunctive relief, including reinstatement of:
8-10                 (1)  the employee's position with the employer; and
8-11                 (2)  fringe benefits or seniority lost as a result of
8-12     the suspension or termination.
8-13           (e)  An employee may bring an action to enforce the
8-14     employee's rights under this section.
8-15           Sec. 8.209.  PENALTY FOR NONCOMPLIANCE. (a)  In addition to
8-16     the civil remedies provided by this subchapter or any other remedy
8-17     provided by law, an employer who knowingly violates this chapter by
8-18     failing to withhold income for spousal maintenance or to remit
8-19     withheld income in accordance with an order or writ of withholding
8-20     issued under this chapter commits an offense.
8-21           (b)  An offense under this section is punishable by a fine
8-22     not to exceed $200 for each violation.
8-23           Sec. 8.210.  NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW
8-24     EMPLOYMENT. (a)  An obligor who terminates employment with an
8-25     employer who has been withholding income and the obligor's employer
8-26     shall each notify the court and the obligee of:
8-27                 (1)  the termination of employment not later than the
8-28     seventh day after the date of termination;
8-29                 (2)  the obligor's last known address; and
8-30                 (3)  the name and address of the obligor's new
8-31     employer, if known.
8-32           (b)  The obligor shall inform a subsequent employer of the
8-33     order or writ of withholding after obtaining employment.
8-34                (Sections 8.211-8.250 reserved for expansion
8-35             SUBCHAPTER F.  WRIT OF WITHHOLDING ISSUED BY CLERK
8-36           Sec. 8.251.  NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING;
8-37     FILING. (a)  An obligor or obligee may file a notice of application
8-38     for a writ of withholding if income withholding was not ordered at
8-39     the time spousal maintenance was ordered.
8-40           (b)  The obligor or obligee may file the notice of
8-41     application for a writ of withholding in the court that ordered the
8-42     spousal maintenance under Subchapter B.
8-43           Sec. 8.252.  CONTENTS OF NOTICE OF APPLICATION FOR WRIT OF
8-44     WITHHOLDING. The notice of application for a writ of withholding
8-45     must be verified and:
8-46                 (1)  state the amount of monthly maintenance due,
8-47     including the amount of arrearages or anticipated arrearages, and
8-48     the amount of disposable earnings to be withheld under a writ of
8-49     withholding;
8-50                 (2)  state that the withholding applies to each current
8-51     or subsequent employer or period of employment;
8-52                 (3)  state that the obligor's employer will be notified
8-53     to begin the withholding if the obligor does not contest the
8-54     withholding on or before the 10th day after the date the obligor
8-55     receives the notice;
8-56                 (4)  describe the procedures for contesting the
8-57     issuance and delivery of a writ of withholding;
8-58                 (5)  state that the obligor will be provided an
8-59     opportunity for a hearing not later than the 30th day after the
8-60     date of receipt of the notice of contest if the obligor contests
8-61     the withholding;
8-62                 (6)  state that the sole ground for successfully
8-63     contesting the issuance of a writ of withholding is a dispute
8-64     concerning the identity of the obligor or the existence or amount
8-65     of the arrearages;
8-66                 (7)  describe the actions that may be taken if the
8-67     obligor contests the notice of application for a writ of
8-68     withholding, including the procedures for suspending issuance of a
8-69     writ of withholding; and
 9-1                 (8)  include with the notice a suggested form for the
 9-2     motion to stay issuance and delivery of the writ of withholding
 9-3     that the obligor may file with the clerk of the appropriate court.
 9-4           Sec. 8.253.  INTERSTATE REQUEST FOR WITHHOLDING. (a)  The
 9-5     registration of a foreign order that provides for spousal
 9-6     maintenance or alimony as provided in Chapter 159 is sufficient for
 9-7     filing a notice of application for a writ of withholding.
 9-8           (b)  The notice must be filed with the clerk of the court
 9-9     having venue as provided in Chapter 159.
9-10           (c)  The notice of application for a writ of withholding may
9-11     be delivered to the obligor at the same time that an order is filed
9-12     for registration under Chapter 159.
9-13           Sec. 8.254.  ADDITIONAL ARREARAGES. If the notice of
9-14     application for a writ of withholding states that the obligor has
9-15     failed to pay more than one spousal maintenance payment according
9-16     to the terms of the spousal maintenance order, the writ of
9-17     withholding may include withholding for arrearages that accrue
9-18     between the filing of the notice and the date of the hearing or the
9-19     issuance of the writ.
9-20           Sec. 8.255.  DELIVERY OF NOTICE OF APPLICATION FOR WRIT OF
9-21     WITHHOLDING; TIME OF DELIVERY. (a)  The party who files a notice of
9-22     application for a writ of withholding shall deliver the notice to
9-23     the obligor by:
9-24                 (1)  first-class or certified mail, return receipt
9-25     requested, addressed to the obligor's last known address or place
9-26     of employment; or
9-27                 (2)  service of citation as in civil cases generally.
9-28           (b)  If the notice is delivered by mail, the party who filed
9-29     the notice shall file with the court a certificate stating the
9-30     name, address, and date the party mailed the notice.
9-31           (c)  The notice is considered to have been received by the
9-32     obligor:
9-33                 (1)  on the date of receipt, if the notice was mailed
9-34     by certified mail;
9-35                 (2)  on the 10th day after the date the notice was
9-36     mailed, if the notice was mailed by first-class mail; or
9-37                 (3)  on the date of service, if the notice was
9-38     delivered by service of citation.
9-39           Sec. 8.256.  MOTION TO STAY ISSUANCE OF WRIT OF WITHHOLDING.
9-40     (a)  The obligor may stay issuance of a writ of withholding by
9-41     filing a motion to stay with the clerk of the court not later than
9-42     the 10th day after the date the notice of application for a writ of
9-43     withholding was received.
9-44           (b)  The grounds for filing a motion to stay issuance are
9-45     limited to a dispute concerning the identity of the obligor or the
9-46     existence or the amount of the arrearages.
9-47           (c)  The obligor shall verify that the statements of fact in
9-48     the motion to stay issuance of the writ are correct.
9-49           Sec. 8.257.  EFFECT OF FILING MOTION TO STAY. If the obligor
9-50     files a motion to stay as provided by Section 8.256, the clerk of
9-51     the court may not deliver the writ of withholding to the obligor's
9-52     employer before a hearing is held.
9-53           Sec. 8.258.  HEARING ON MOTION TO STAY. (a)  If the obligor
9-54     files a motion to stay as provided by Section 8.256, the court
9-55     shall set a hearing on the motion and the clerk of the court shall
9-56     notify the obligor and obligee of the date, time, and place of the
9-57     hearing.
9-58           (b)  The court shall hold a hearing on the motion to stay not
9-59     later than the 30th day after the date the motion was filed unless
9-60     the obligor and obligee agree and waive the right to have the
9-61     motion heard within 30 days.
9-62           (c)  After the hearing, the court shall:
9-63                 (1)  render an order for income withholding that
9-64     includes a determination of any amount of arrearages; or
9-65                 (2)  grant the motion to stay.
9-66           Sec. 8.259.  SPECIAL EXCEPTIONS. (a)  A defect in a notice of
9-67     application for a writ of withholding is waived unless the
9-68     respondent specially excepts in writing and cites with
9-69     particularity the alleged defect, obscurity, or other ambiguity in
 10-1    the notice.
 10-2          (b)  A special exception under this section must be heard by
 10-3    the court before hearing the motion to stay issuance.
 10-4          (c)  If the court sustains an exception, the court shall
 10-5    provide the party filing the notice an opportunity to refile and
 10-6    shall continue the hearing to a specified date without requiring
 10-7    additional service.
 10-8          Sec. 8.260.  WRIT OF WITHHOLDING AFTER ARREARAGES ARE PAID.
 10-9    (a)  The court may not refuse to order withholding solely on the
10-10    basis that the obligor paid the arrearages after the obligor
10-11    received the notice of application for a writ of withholding.
10-12          (b)  The court shall order that a reasonable amount of income
10-13    be withheld and applied toward the liquidation of arrearages, even
10-14    though a judgment confirming arrearages was rendered against the
10-15    obligor.
10-16          Sec. 8.261.  REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF
10-17    WITHHOLDING. (a)  If a notice of application for a writ of
10-18    withholding is delivered and the obligor does not file a motion to
10-19    stay within the time provided by Section 8.256, the party who filed
10-20    the notice shall file with the clerk of the court a request for
10-21    issuance of the writ of withholding stating the amount of current
10-22    spousal maintenance, the amount of arrearages, and the amount to be
10-23    withheld from the obligor's income.
10-24          (b)  The party who filed the notice may not file a request
10-25    for issuance before the 11th day after the date the obligor
10-26    received the notice of application for a writ of withholding.
10-27          Sec. 8.262.  ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING.
10-28    The clerk of the court shall, on the filing of a request for
10-29    issuance of a writ of withholding, issue and deliver the writ as
10-30    provided by Subchapter D not later than the second working day
10-31    after the date the request is filed.  The clerk shall charge a fee
10-32    in the amount of $15 for issuing the writ of withholding.
10-33          Sec. 8.263.  CONTENTS OF WRIT OF WITHHOLDING. A writ of
10-34    withholding must direct that an obligor's employer or a subsequent
10-35    employer withhold from the obligor's disposable earnings an amount
10-36    for current spousal maintenance and arrearages consistent with this
10-37    chapter.
10-38          Sec. 8.264.  EXTENSION OF REPAYMENT SCHEDULE BY PARTY;
10-39    UNREASONABLE HARDSHIP. A party who files a notice of application
10-40    for a writ of withholding and who determines that the schedule for
10-41    repaying arrearages would cause unreasonable hardship to the
10-42    obligor or the obligor's family may extend the payment period in
10-43    the writ.
10-44          Sec. 8.265.  REMITTANCE OF AMOUNT TO BE WITHHELD. The
10-45    obligor's employer shall remit the amount withheld to the person or
10-46    office named in the writ on each pay date and shall include with
10-47    the remittance the date on which the withholding occurred.
10-48          Sec. 8.266.  FAILURE TO RECEIVE NOTICE OF APPLICATION FOR
10-49    WRIT OF WITHHOLDING. (a)  Not later than the 30th day after the
10-50    date of the first pay period after the date the obligor's employer
10-51    receives a writ of withholding, the obligor may file an affidavit
10-52    with the court stating that:
10-53                (1)  the obligor did not timely file a motion to stay
10-54    because the obligor did not receive the notice of application for a
10-55    writ of withholding; and
10-56                (2)  grounds exist for a motion to stay.
10-57          (b)  The obligor may:
10-58                (1)  file with the affidavit a motion to withdraw the
10-59    writ of withholding; and
10-60                (2)  request a hearing on the applicability of the
10-61    writ.
10-62          (c)  Income withholding may not be interrupted until after
10-63    the hearing at which the court renders an order denying or
10-64    modifying withholding.
10-65          Sec. 8.267.  ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING TO
10-66    SUBSEQUENT EMPLOYER. (a)  After the clerk of the court issues a
10-67    writ of withholding, a party authorized to file a notice of
10-68    application for a writ of withholding under this subchapter may
10-69    deliver a copy of the writ to a subsequent employer of the obligor
 11-1    by certified mail.
 11-2          (b)  Except as provided by an order under Section 8.152, the
 11-3    writ of withholding must include the name, address, and signature
 11-4    of the party and clearly indicate that the writ is being issued to
 11-5    a subsequent employer.
 11-6          (c)  The party shall file:
 11-7                (1)  a copy of the writ of withholding with the clerk
 11-8    not later than the third working day after the date of delivery of
 11-9    the writ to the subsequent employer; and
11-10                (2)  the postal return receipt from the delivery to the
11-11    subsequent employer not later than the third working day after the
11-12    date the party receives the receipt.
11-13          (d)  The party shall pay the clerk a fee in the amount of $15
11-14    for filing the copy of the writ.
11-15               (Sections 8.268-8.300 reserved for expansion
11-16                  SUBCHAPTER G.  MODIFICATION, REDUCTION,
11-17                       OR TERMINATION OF WITHHOLDING
11-18          Sec. 8.301.  AGREEMENT BY PARTIES REGARDING AMOUNT OR
11-19    DURATION OF WITHHOLDING. (a)  An obligor and obligee may agree to
11-20    reduce or terminate income withholding for spousal maintenance on
11-21    the occurrence of any contingency stated in the order.
11-22          (b)  The obligor and obligee may file a notarized or
11-23    acknowledged request with the clerk of the court under Section
11-24    8.108 for a revised writ of withholding or notice of termination of
11-25    withholding.
11-26          (c)  The clerk shall issue and deliver to the obligor's
11-27    employer a writ of withholding that reflects the agreed revision or
11-28    a notice of termination of withholding.
11-29          (d)  An agreement by the parties under this section does not
11-30    modify the terms of an order for spousal maintenance.
11-31          Sec. 8.302.  MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
11-32    IN VOLUNTARY WITHHOLDING CASES. (a)  If an obligor initiates
11-33    voluntary withholding under Section 8.108, the obligee may file
11-34    with the clerk of the court a notarized request signed by the
11-35    obligor and the obligee for the issuance and delivery to the
11-36    obligor of:
11-37                (1)  a modified writ of withholding that reduces the
11-38    amount of withholding; or
11-39                (2)  a notice of termination of withholding.
11-40          (b)  On receipt of a request under this section, the clerk
11-41    shall issue and deliver a modified writ of withholding or notice of
11-42    termination in the manner provided by Section 8.301.
11-43          (c)  The clerk may charge a fee in the amount of $15 for
11-44    issuing and delivering the modified writ of withholding or notice
11-45    of termination.
11-46          (d)  An obligee may contest a modified writ of withholding or
11-47    notice of termination issued under this section by requesting a
11-48    hearing in the manner provided by Section 8.258 not later than the
11-49    180th day after the date the obligee discovers that the writ or
11-50    notice was issued.
11-51          Sec. 8.303.  TERMINATION OF WITHHOLDING IN MANDATORY
11-52    WITHHOLDING CASES.  (a)  An obligor for whom withholding for
11-53    maintenance owed or withholding for maintenance and child support
11-54    owed is mandatory may file a motion to terminate withholding.  On a
11-55    showing by the obligor that the obligor has complied fully with the
11-56    terms of the maintenance or child support order, as applicable, the
11-57    court shall render an order for the issuance and delivery to the
11-58    obligor of a notice of termination of withholding.
11-59          (b)  The clerk shall issue and deliver the notice of
11-60    termination ordered under this section to the obligor.
11-61          (c)  The clerk may charge a fee in the amount of $15 for
11-62    issuing and delivering the notice.
11-63          Sec. 8.304.  DELIVERY OF ORDER OF REDUCTION OR TERMINATION OF
11-64    WITHHOLDING. Any person may deliver to the obligor's employer a
11-65    certified copy of an order that reduces the amount of spousal
11-66    maintenance to be withheld or terminates the withholding.
11-67          Sec. 8.305.  LIABILITY OF EMPLOYERS. The provisions of this
11-68    chapter regarding the liability of employers for withholding apply
11-69    to an order that reduces or terminates withholding.
 12-1          SECTION 2. Section 158.207, Family Code, is amended by adding
 12-2    Subsection (c) to read as follows:
 12-3          (c)  An employer who receives more than one order or writ of
 12-4    withholding that combines withholding for child support and spousal
 12-5    maintenance as provided by Section 8.101 shall withhold income and
 12-6    pay the amount withheld in accordance with Section 8.207.
 12-7          SECTION 3.  (a)  This Act takes effect September 1, 2001.
 12-8          (b)  The change in law made by this Act applies to spousal
 12-9    maintenance payments regardless of whether the payments become due
12-10    before, on, or after the effective date of this Act.
12-11                                 * * * * *