Laws

   

New Hire Reporting

 

FAMILY CODE


Title 5. The Parent–Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle D. Administrative Services
Chapter 234. State Case Registry, Disbursement Unit, and Directory of New Hires Subchapter B. State Directory of New Hires


§ 234.101. DEFINITIONS 

In this subchapter:
(1) “Employee” means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986 (26 U.S.C. Section 3401(c)). The term does not include an employee of a state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting employee information under this subchapter could endanger the safety of the employee or compromise an ongoing investigation or intelligence activity.

(2)  “Employer” has the meaning given that term by Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C. Section 3401(d)) and includes a governmental entity and a labor organization, as that term is identified in Section 2(5) of the National Labor Relations Act (29 U.S.C. Section 152(5)), including an entity, also known as a "hiring hall," used by the labor organization and an employer to carry out requirements of an agreement between the organization and an employer described in Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)).

(3) "Newly hired employee" means an employee who:

(A)has not been previously employed by the employer, or
(B)was previously employed by the employer but has been seperated from the employment or at least 60 consecutive days.

 

§ 234.102.  OPERATION OF NEW HIRE DIRECTORY 

In cooperation with the Texas Workforce Commission, the Title IV-D agency shall develop and operate a state directory to which employers in the state shall report each newly hired or rehired employee in accordance with the requirements of 42 U.S.C. Section 653a.

 

§ 234.103.  CONTRACTS AND COOPERATIVE AGREEMENTS 

The Title IV-D agency may enter into cooperative agreements and contracts as necessary to create and operate the directory authorized under this subchapter.

 

§ 234.104.  PROCEDURES  

The Title IV-D agency by rule shall establish procedures for reporting employee information and for operating a state directory of new hires meeting the requirements of federal law.


§ 234.105.   CIVIL PENALTY

(a) In addition to any other remedy provided by law, an employer who knowingly violates a procedure adopted under Section 234.104 for reporting employee information may be liable for a civil penalty as permitted by Section 453A(d) of the federal Social Security Act (42 U.S.C. Section 653a).

(b) The amount of the civil penalty may not exceed:

(1) $25 for each occurrence in which an employer fails to report an employee; or

(2) $500 for each occurrence in which the conduct described by Subdivision(1) is the result of a conspiracy between the employer and an employee to not supply a required report or to submit a false or incomplete report.

(c) The attorney general may sue to collect the civil penalty. A penalty collected under this section shall be deposited in a special fund in the state treasury.



TEXAS ADMINISTRATIVE CODE


Title 1. Administration
Part 3. Office of the Attorney General
Chapter 55. Child Support Enforcement
Subchapter I. State Directory of New Hires


§ 55.301. SCOPE

Section 453A of the Social Security Act, (42 U.S.C. § 653A), as amended by Personal Responsibility and Work Opportunity Reconciliation Act of 1996(PRWORA), requires each state to establish and maintain a State Directory of New Hires to provide a means for employers to assist in the state's efforts both to prevent fraud in the welfare, workers’ compensation, and unemployment insurance programs, and to locate and/or collect from absent parents who owe child support by reporting information concerning newly hired and rehired employees directly to a centralized state database. This subchapter establishes within the Office of the Attorney General (Title IV-D agency) a centralized employee registry called the State Directory of New Hires and establishes procedures for employers to report employee information to the State Directory of New Hires under Chapter 234, Subchapter B of the Texas Family Code.


§ 55.302. DEFINITIONS

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Common paymaster—Has the meaning as described in 26 CFR ' 31.3121(s)-1.
(2) New hire—The term new hire shall have the meaning of any employee required to be reported to the State Directory of New Hires under 453A of the Social Security Act within twenty days of the employee's first day on the job.
(3) Date of hire—The date of hire for a new employee is considered to be the first day services are performed for pay by an individual.
(4) Employee—The term employee means an individual who is an employee as defined in Chapter 24 of the Internal Revenue Code (IRC) of 1986; and does not include an employee of a federal or state agency performing counter intelligence functions, if the head of such agency has determined that reporting pursuant to section 453A of the Social Security Act with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission. Chapter 24 of the IRC and the regulations promulgated thereunder define an “employee” as every individual performing services if the relationship between the individual and the person for whom the services are performed is the legal relationship of employer and employee (see IRC section 3401(c) and 26 CFR § 31.3401(c)–1). Generally, the legal relationship of employer and employee exists when the person for whom the services are performed has the right to control and direct the individual who performs the services not only as to the result to be accomplished, but also as to the details and means by which that result is to be accomplished.
(5) Employer—In General. The term employer has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and any labor organization. At a minimum, in any case where an employer is required to give an employee a Form W–2 showing the amount of taxes withheld, the employer must meet the new hire reporting requirements. Section 3401(d) goes on to provide in part that “if the person for whom the individual performs or performed the services does not have control of the payment of the wages for such services, the term employer means the person having control of the payment of such wages.” Thus, every entity (including governmental entities and labor organizations) is an employer if the entity exercises or has the right to exercise control and direction over an individual who performs or has performed any service for the entity unless the entity does not have control of the payment of the employee's wages. In these cases, the entity having control of the payment of such wages is the “employer.” All entities satisfying 3401(d) of the IRC must meet the new hire reporting requirements set forth in section 453(b)(1)of the Social Security Act, as amended.
(6) Illegible record—A record containing indecipherable writing or print.
(7) Incomplete record—A record that does not contain all six required data elements (employee name, address, social security number and employer name, address and federal identification number).
(8) Labor organization—The term labor organization shall have the meaning given such term in section 2(5) of the National Labor Relations Act, and includes any entity (also known as Hiring Hall) which is used by the organization and an employer to carry out requirements described in section 8(f)(3) of such Act of an agreement between the organization and the employer.
(9) Reporting agent—Has the meaning as described in IRS Rev. Proc. 2007–38.


§ 55.303. EMPLOYER NEW HIRE REPORTING REQUIREMENTS

(a) Except as provided in §§ 55.304–55.306 of this title (relating to Common Paymaster, Multi-State Employers, and Federal Government Employers), each Texas employer shall furnish to the State Directory of New Hires in the state in which a newly hired employee works a report of all new hires that contains the following six required data elements found on the employee's W–4 form:

(1) the employee name,
(2) the employee address,
(3) the employee social security number,
(4) the employee’s date of hire,
(5) the employer name,
(6) the employer address, and
(7) the Federal Employer Identification Number (FEIN).

(b) Employers, at their option may also provide the following additional information in the report:

(1) the employee’s date of birth, and
(2) the employee’s expected salary or wages,
(3) Employer payroll address for mailing of notice to withhold child support.

(c) All employers shall report new hire information on a Form W–4 or an equivalent form by first class mail, telephonically, or electronically as determined by the employer and in a format acceptable to the Title IV–D agency. The Title IV–D agency reserves the right to decline any type of form that it deems as illegible or inappropriate for new hire report processing and requests employers who elect to submit new hire reports via hardcopy to adopt the Employer New Hire Reporting Form supplied by the IV–D agency.

(1) Formats available to employers include:

(A) Fully and accurately completed copy of the new employee’s W–4 form with all mandatory information, as specified by Employer New Hire Reporting requirements, typed or written using large, capitalized lettering (cursive writing is not permitted);
(B) Employer New Hire Reporting Form supplied by the IV’D agency: [graphic omitted; see Texas Administrative Code for form]
(C) Existing employer report or printout;
(D) Facsimile; or
(E) Any other means authorized by the Title IV–D agency for conveying information which includes electronic transmission.

(2) All printed lists must be provided in 10 point font, or larger.

(d) To ensure timely receipt of information, Texas employers are required to report the hiring or rehiring of persons to the Title IV–D agency. Employer New Hire reports shall be considered timely if postmarked by the due date or if filed electronically, upon receipt by the agency. Employer New Hire reports are due:

(1) not later than the 20 calendar days after the date the employer hires the employee; or
(2) in the case of an employer transmitting reports electronically, by two monthly transmissions (if necessary) not more than 16 days apart.

(e) Employers should send reports for newly hired or rehired employees to Texas Employer New Hire Reporting Operations Center, Post Office Box 149224, Austin, Texas 78714–9224 Telephone Number: 1–800–850–6442 Fax Number: 1–800–732–5015

(f) Questions regarding the Employer New Hire Reporting Program should be directed to Texas Employer New Hire Reporting on the Internet. The Internet address is: www.employer.texasattorneygeneral.gov.

(g) Each employer submitting an incomplete or illegible report, upon request, must resubmit the incomplete or illegible data within 10 days after receiving notice.


§ 55.304. COMMON PAYMASTER

A report filed by the common paymaster or reporting agent of an employer is sufficient to meet the new hire reporting requirements for each of the related employees for which the common paymaster or payroll reporting agent provides new hire information.


§ 55.305. MULTI-STATE EMPLOYERS

(a) An employer that has employees who are employed in Texas and one or more other states may choose to report to a state other than Texas provided the employer designates only one state in which such employer has employees; transmits the required reports using electronic media authorized by the Title IV–D agency for conveying information; and notifies the Secretary of the Department of Health and Human Services, in writing, prior to reporting.

(b) When submitting written notification to the Secretary of the Department of Health and Human Services about the designation of the single State for Employer New Hire Reporting, an employer should include the following information:

(1) The same Federal Employer Identification Number (FEIN) used for the Texas Workforce Commission,
(2) Employer’s name, address, telephone number related to the FEIN,
(3) State selected for reporting purposes,
(4) Other States in which the company has employees,
(5) Corporate point of contact.

(c) If the company will be reporting new hires on behalf of subsidiaries who operate under different names and FEINs, the employer should also list the names, FEINs and states where they have employees working.

(d) An employer can notify the Secretary of the Department of Health and Human Services in one of three ways:

(1) Notify the Secretary in writing at the following address: Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement Multi State Employer Notification, P.O. Box 509, Randallstown, MD 21133;
(2) Notify the Secretary in writing by facsimile: Department of Health and Human Services Administration for children and Families, Office of child Support Enforcement, Multistate Employer Notification, 1–410–277–9325; or
(3) Notify the Secretary via the Internet by accessing the Multistate Employer option on the OCSE Internet home Page. The Internet address is: http://www.acf.hhs.gov/programs/cse/newhire/employer/home.htm.


§ 55.306. FEDERAL GOVERNMENT EMPLOYERS

Any department, agency, or instrumentality of the United States must report directly to the National Directory of New Hires established pursuant to 42 U.S.C. 653a.


§ 55.307. CIVIL MONEY PENALTIES ON NONCOMPLYING EMPLOYERS

(a) An employer who knowingly violates any procedures found in §§ 55.301-55.308 of this title for reporting employee information may be liable for a civil penalty, which may not exceed:

(1) $25 for each occurrence in which an employer fails to report an employee; or
(2) $500 for each occurrence in which the conduct is the result of a conspiracy between the employer and employee to not supply a required report, or to submit a false or incomplete report.

(b) The Attorney General may sue to collect the civil penalty.


§ 55.308. CONFIDENTIALITY AND SECURITY

(a) Confidentiality of Records. The records contained in the new hire directory shall be confidential and may be accessed for the following purposes only:

(1) Location of Child Support Obligors. The Title IV–D Agency shall use the Employer New Hire Reporting (ENHR) information to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations, and may disclose such information to any agent of the agency that is under contract with the agency to carry out such purposes.
(2) Verification of Eligibility for Certain Programs. A State agency responsible for administering a program specified in section 1137(b) of the Social Security Act shall have access to information reported by employers for purposes of verifying eligibility for the program.
(3) Administration of Employment Security and Workers’ Compensation. State agencies operating employment security and workers’ compensation programs shall have access to ENHR information reported by employers for the purposes of administering such programs.

(b) Security. The State IV–D agency shall have in effect safeguards on the integrity, accuracy and completeness of, access to, and use of data in the automated system required by 453A of the Social Security Act.


CODE OF FEDERAL REGULATIONS


Title 45--Public Welfare
Subtitle B--Regulations Relating to Public Welfare
Chapter III--Office of Child Support Enforcement (Child Support Enforcement Program), Administration for Children and Families, Department of Health and Human Services


§ 303.108 QUARTERLY WAGE AND UNEMPLOYMENT COMPENSATION CLAIMS REPORTING TO THE NATIONAL DIRECTORY OF NEW HIRES.

(a) What definitions apply to quarterly wage and unemployment compensation claims reporting? When used in this section:

(1) Reporting period means time elapsed during a calendar quarter, e.g. January-March, April-June, July-September, October-December.

(2) Wage information means:

(i) The name of the employee;
(ii) The social security number of the employee;
(iii) The aggregate wages of the employee during the reporting period; and
(iv) The name, address (and optionally, any second address for wage withholding purposes), and Federal employer identification number of an employer reporting wages.

(3) Unemployment compensation or claim information means:

(i) Whether an individual is receiving, has received or has applied for unemployment compensation;
(ii) The individual’s name and current (or most recent) home address;
(iii) The individual’s social security number; and
(iv) The aggregate gross amount of compensation the claimant received during the reporting quarter.

(b) What data must be transmitted to the National Directory of New Hires?
The State shall disclose quarterly, to the National Directory of New Hires, wage and claim information as defined in paragraph (a) of this section that is collected pursuant to a State’s unemployment compensation program referenced in Title III of the Act or pursuant to section 1137 of the Act.

(c) What time frames apply for reporting quarterly wage and unemployment compensation claims data?
The State shall report wage information for the reporting period no later than the end of the fourth month following the reporting period. The State shall report claim information for the reporting period no later than the end of the first month following the reporting period.

(d) What reporting formats will be used for reporting data?
The State must use standardized formats established by the Secretary of Health and Human Services for reporting wage and claim information.


UNITED STATES CODE  


Title 26. Internal Revenue Code
Subtitle C. Employment Taxes
Chapter 24. Collection of Income Tax at Source on Wage


§3401. DEFINITIONS

(c) Employee.– –For purposes of this chapter, the term “employee” includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term “employee” also includes an officer of a corporation.

(d) Employer.– –For purposes of this chapter, the term “employer” means the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person, except that– –

(1) if the person for whom the individual performs or performed the services does not have control of the payment of the wages for such services, the term “employer” (except for purposes of subsection (a)) means the person having control of the payment of such wages, and
(2) in the case of a person paying wages on behalf of a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term “employer” (except for purposes of subsection (a)) means such person.


TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 7--SOCIAL SECURITY
SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
PART D--CHILD SUPPORT AND ESTABLISHMENT OF PATERNITY


§ 653a. STATE DIRECTORY OF NEW HIRES

(a)Establishment

(1) In general

(A) Requirement for States that have no directory
Except as provided in subparagraph (B), not later than October, 1, 1997, each State shall establish an automated directory (to be known as the “State Directory of New Hires”) which shall contain information supplied in accordance with subsection (b) of this section by employers on each newly hired employee.
(B) States with new hire reporting law in existence
A State which has a new hire reporting law in existence on August 22, 1996, may continue to operate under the State law, but the State must meet the requirements of subsection (g)(2) of this section not later than October 1, 1997, and the requirements of this section (other than subsection (g)(2) of this section) not later than October 1, 1998.

(2) Definitions — As used in this section:

(A) Employee

The term “employee”—
(i) means an individual who is an employee within the meaning of chapter 24 of the Internal Revenue Code of 1986; and
(ii) does not include an employee of a Federal or State agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting pursuant to paragraph (1) with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.

(B) Employer

(i) In general—The term “employer” has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and any labor organization.
(ii) Labor organization
The term “labor organization” shall have the meaning given such term in section 152 (5) of Title 29, and includes any entity (also known as a “hiring hall”) which is used by the organization and an employer to carry out requirements described in section 158 (f)(3) of Title 29 of an agreement between the organization and the employer.

(b) Employer Information

(1) Reporting requirement

(A) In general
Except as provided in subparagraphs(B)and (C), each employer shall furnish to the Directory of New Hires of the State in which a newly hired employee works, a report that contains the name, address, and social security number of the employee, and the name and address of, and identifying number assigned under section 6109 of the Internal Revenue Code of 1986 to, the employer.

(B) Multistate employers
An employer that has employees who are employed in 2 or more States and that transmits reports magnetically or electronically may comply with subparagraph (A) by designating 1 State in which such employer has employees to which the employer will transmit the report described in subparagraph (A), and transmitting such report to such State. Any employer that transmits reports pursuant to this subparagraph shall notify the Secretary in writing as to which State such employer designates for the purpose of sending reports.
(C) Federal Government employers

Any department, agency, or instrumentality of the United States shall comply with subparagraph (A) by transmitting the report described in subparagraph (A) to the National Directory of New Hires established pursuant to section 653 of this title.

(2) Timing of report
Each State may provide the time within which the report required by paragraph (1)shall be made with respect to an employee, but such report shall be made—

(A) not later than 20 days after the date the employer hires the employee; or
(B) in the case of an employer transmitting reports magnetically or electronically, by 2 monthly transmissions (if necessary) not less than 12 days nor more than 16 days apart.

(c) Reporting format and method
Each report required by subsection (b) of this section shall be made on a W–4 form or, at the option of the employer, an equivalent form, and may be transmitted by 1st class mail, magnetically, or electronically.

(d) Civil money penalties on noncomplying employers
The State shall have the option to set a State civil money penalty which shall not exceed—

(1) $25 per failure to meet the requirements of this section with respect to a newly hired employee; or
(2) $500 if, under State law, the failure is the result of a conspiracy between the employer and the employee to not supply the required report or to supply a false or incomplete report.

(e) Entry of employer information Information shall be entered into the data base maintained by the State Directory of New Hires within 5 business days of receipt from an employer pursuant to subsection (b) of this section.

(f) Information comparisons

(1) In general
Not later than May 1, 1998, an agency designated by the State shall, directly or by contract, conduct automated comparisons of the social security numbers reported by employers pursuant to subsection (b) of this section and the social security numbers appearing in the records of the State case registry for cases being enforced under the State plan.
(2) Notice of match
When an information comparison conducted under paragraph (1) reveals a match with respect to the social security number of an individual required to provide support under a support order, the State Directory of New Hires shall provide the agency administering the State plan approved under this part of the appropriate State with the name, address, and social security number of the employee to whom the social security number is assigned, and the name and address of, and identifying number assigned under section 6109 of the Internal Revenue Code of 1986 to, the employer.

(g) Transmission of information

(1) Transmission of wage withholding notices to employers
Within 2 business days after the date information regarding a newly hired employee is entered into the State Directory of New Hires, the State agency enforcing the employee’s child support obligation shall transmit a notice to the employer of the employee directing the employer to withhold from the income of the employee an amount equal to the monthly (or other periodic) child support obligation (including any past due support obligation) of the employee, unless the employee’s income is not subject to withholding pursuant to section 666 (b)(3) of this title.
(2) Transmissions to the National Directory of New Hires

(A) New hire information
Within 3 business days after the date information regarding a newly hired employee is entered into the State Directory of New Hires, the State Directory of New Hires shall furnish the information to the National Directory of New Hires.
(B) Wage and unemployment compensation information
The State Directory of New Hires shall, on a quarterly basis, furnish to the National Directory of New Hires information concerning the wages and unemployment compensation paid to individuals, by such dates, in such format, and containing such information as the Secretary of Health and Human Services shall specify in regulations.

(3) Business day defined
As used in this subsection, the term “business day” means a day on which State offices are open for regular business.

(h) Other uses of new hire information

(1) Location of child support obligors
The agency administering the State plan approved under this part shall use information received pursuant to subsection (f)(2) of this section to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations, and may disclose such information to any agent of the agency that is under contract with the agency to carry out such purposes.
(2) Verification of eligibility for certain programs
A State agency responsible for administering a program specified in section 1320b–7 (b) of this title shall have access to information reported by employers pursuant to subsection (b) of this section for purposes of verifying eligibility for the program.
(3) Administration of employment security and workers’ compensation
State agencies operating employment security and workers’ compensation programs shall have access to information reported by employers pursuant to subsection (b) of this section for the purposes of administering such programs.

Verification of Employment

 

FAMILY CODE


Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle D. Administrative Services
Chapter 231. Title IV-D Services
Subchapter D. Location of Parents and Resources


§ 231.301.  TITLE IV–D PARENT LOCATOR SERVICES

(a) The parent locator service conducted by the Title IV–D agency shall be used to obtain information for:

(1) child support establishment and enforcement purposes regarding the identity, social security number, location, employer and employment benefits, income, and assets or debts of any individual under an obligation to pay child or medical support or to whom a support obligation is owed; or
(2) the establishment of paternity.

(b) As authorized by federal law, the following persons may receive information under this section:

(1) a person or entity that contracts with the Title IV-D agency to provide services authorized under Title IV-D or an employee of the Title IV-D agency;
(2) an attorney who has the duty or authority, by law, to enforce an order for possession of or access to a child;
(3) a court, or an agent of the court, having jurisdiction to render or enforce an order for possession of or access to a child;
(4) the resident parent, legal guardian, attorney, or agent of a child who is not receiving public assistance; and
(5) a state agency that administers a program operated under a state plan as provided by 42 U.S.C. Section 653(c).


§ 231.302.  INFORMATION TO ASSIST IN LOCATION OF PERSONS OR PROPERTY 

(a) The Title IV-D agency of this or another state may request and obtain information relating to the identity, location, employment, compensation, benefits, income, and property holdings or other assets of any person from a state or local government agency, private company, institution, or other entity as necessary to establish, modify, or enforce a support order.

(b) A government agency, private company, institution, or other entity shall provide the information requested under Subsection (a) directly to the Title IV-D agency, without the requirement of payment of a fee for the information, and shall, subject to safeguards on privacy and information security, provide the information in the most efficient and expeditious manner available, including electronic or automated transfer and interface. Any individual or entity disclosing information under this section in response to a request from a Title IV-D agency may not be held liable in any civil action or proceeding to any person for the disclosure of information under this subsection.

(c) Except as provided by Subsection (c-1), to assist in the administration of laws relating to child support enforcement under Parts A and D of Title IV of the federal Social Security Act (42 U.S.C. Sections 601-617 and 651-669):

(1) each licensing authority shall request and each applicant for a license shall provide the applicant’s social security number;
(2) each agency administering a contract that provides for a payment of state funds shall request and each individual or entity bidding on a state contract shall provide the individual's or entity's social security number as required by Section 231.006, Family Code; and
(3) each agency administering a state-funded grant or loan program shall request and each applicant for a grant or loan shall provide the applicant’s social security number as required by Section 231.006, Family Code.

(c-1) For purposes of issuing a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, the Department of Public Safety is not required to request, and an applicant is not required to provide, the applicant's social security number.

(d) This section does not limit the right of an agency or licensing authority to collect and use a social security number under another provision of law.

(e) Except as provided by Subsection (d), a social security number provided under this section is confidential and may be disclosed only for the purposes of responding to a request for information from an agency operating under the provisions of Part A or D of Title IV of the federal Social Security Act (42 U.S.C. Sections 601 et seq. and 651 et seq).

(f) Information collected by the Title IV–D agency under this section may be used only for child support purposes.

(g) In this section, “licensing authority” has the meaning assigned by Section 232.001.


§ 231.303.  TITLE IV–D ADMINISTRATIVE SUBPOENA 

(a) The Title IV-D agency of this state or another state may issue an administrative subpoena to any individual or private or public entity in this state to furnish information necessary to carry out the purposes of child support enforcement under 42 U.S.C. Section 651 et seq. or this chapter.

(b) An individual or entity receiving an administrative subpoena under this section shall comply with the subpoena. The Title IV-D agency may impose a fine in an amount not to exceed $500 on an individual or entity that fails without good cause to comply with an administrative subpoena. An alleged or presumed father or a parent who fails to comply with a subpoena without good cause may also be subject to license suspension under Chapter 232.

(c) A court may compel compliance with an administrative subpoena and with any administrative fine for failure to comply with the subpoena and may award attorney’s fees and costs to the Title IV-D agency in enforcing an administrative subpoena on proof that an individual or organization failed without good cause to comply with the subpoena.

(d) An individual or organization may not be liable in a civil action or proceeding for disclosing financial or other information to a Title IV-D agency under this section. The Title IV-D agency may disclose information in a financial record obtained from a financial institution only to the extent necessary:

(1) to establish, modify, or enforce a child support obligation; or
(2) to comply with Section 233.001, as added by Chapter 420, Acts of the 75th Legislature, Regular Session, 1997.

 

Income Withholding

 

FAMILY CODE


Title 1. The Marriage Relationship
Subtitle C. Dissolution of Marriage
Chapter 8. Maintenance
Subchapter C. Income Withholding


§ 8.101. INCOME WITHHOLDING; GENERAL RULE

(a) In a proceeding in which periodic payments of spousal maintenance are ordered, modified, or enforced, the court may order that income be withheld from the disposable earnings of the obligor as provided by this chapter.

(a-1)The court may order that income be withheld from the disposable earnings of the obligor in a proceeding in which there is an agreement for periodic payments of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court.

(a-2)The court may not order that income be withheld from the disposable earnings of the obligor to the extent that any provision of an agreed order for maintenance exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter.

(b) This subchapter does not apply to contractual alimony or spousal maintenance, regardless of whether the alimony or maintenance is taxable, unless:

(1) the contract specifically permits income withholding; or
(2) the alimony or maintenance payments are not timely made under the terms of the contract.

(c) An order or writ of withholding for spousal maintenance may be combined with an order or writ of withholding for child support only if the obligee has been appointed managing conservator of the child for whom the child support is owed and is the conservator with whom the child primarily resides.

(d) An order or writ of withholding that combines withholding for spousal maintenance and child support must:

(1) require that the withheld amounts be paid to the appropriate place of payment under Section 154.004;
(2) be in the form prescribed by the Title IV-D agency under Section 158.106;
(3) clearly indicate the amounts withheld that are to be applied to current spousal maintenance and to any maintenance arrearages; and
(4) subject to the maximum withholding allowed under Section 8.106, order that withheld income be applied in the following order of priority:

(A) current child support;
(B) current spousal maintenance;
(C) child support arrearages; and
(D) spousal maintenance arrearages.

(e) Garnishment for the purposes of spousal maintenance does not apply to unemployment insurance benefit payments.

 

§ 8.102. WITHHOLDING FOR ARREARAGES IN ADDITION TO CURRENT SPOUSAL MAINTENANCE

(a) The court may order that, in addition to income withheld for current spousal maintenance, income be withheld from the disposable earnings of the obligor to be applied toward the liquidation of any arrearages.

(b) The additional amount withheld to be applied toward arrearages must be whichever of the following amounts will discharge the arrearages in the least amount of time:

(1) an amount sufficient to discharge the arrearages in not more than two years; or
(2) 20 percent of the amount withheld for current maintenance.

 

§ 8.103. WITHHOLDING FOR ARREARAGES WHEN CURRENT MAINTENANCE IS NOT DUE

A court may order income withholding to be applied toward arrearages in an amount sufficient to discharge those arrearages in not more than two years if current spousal maintenance is no longer owed.

 

§ 8.104. WITHHOLDING TO SATISFY JUDGMENT FOR ARREARAGES

The court, in rendering a cumulative judgment for arrearages, may order that a reasonable amount of income be withheld from the disposable earnings of the obligor to be applied toward the satisfaction of the judgment.

 

§ 8.105. PRIORITY OF WITHHOLDING

An order or writ of withholding under this chapter has priority over any garnishment, attachment, execution, or other order affecting disposable earnings, except for an order or writ of withholding for child support under Chapter 158.

 

§ 8.106. MAXIMUM AMOUNT WITHHELD FROM EARNINGS

An order or writ of withholding must direct that an obligor’s employer withhold from the obligor's disposable earnings the lesser of:

(1) the amount specified in the order or writ; or
(2) an amount that, when added to the amount of income being withheld by the employer for child support, is equal to 50 percent of the obligor’s disposable earnings.

 

§ 8.107. ORDER OR WRIT BINDING ON EMPLOYER DOING BUSINESS IN THIS STATE

An order or writ of withholding issued under this chapter and delivered to an employer doing business in this state is binding on the employer without regard to whether the obligor resides or works outside this state.

 

§ 8.108. VOLUNTARY WRIT OF WITHHOLDING BY OBLIGOR

(a) An obligor may file with the clerk of the court a notarized or acknowledged request signed by the obligor and the obligee for the issuance and delivery to the obligor’s employer of a writ of withholding. The obligor may file the request under this section regardless of whether a writ or order has been served on any party or whether the obligor owes arrearages.

(b) On receipt of a request under this section, the clerk shall issue and deliver a writ of withholding in the manner provided by this subchapter.

(c) An employer who receives a writ of withholding issued under this section may request a hearing in the same manner and according to the same terms provided by Section 8.205.

(d) An obligor whose employer receives a writ of withholding issued under this section may request a hearing in the manner provided by Section 8.258.

(e) An obligee may contest a writ of income withholding issued under this section by requesting, not later than the 180th day after the date on which the obligee discovers that the writ was issued, a hearing to be conducted in the manner provided by Section 8.258 for a hearing on a motion to stay.

(f) A writ of withholding under this section may not reduce the total amount of spousal maintenance, including arrearages, owed by the obligor.

 

Subchapter D. Procedure

 

§ 8.151. TIME LIMIT

The court may issue an order or writ for withholding under this chapter at any time before all spousal maintenance and arrearages are paid.


§ 8.152.CONTENTS OF ORDER OF WITHHOLDING

(a) An order of withholding must state:

(1) the style, cause number, and court having jurisdiction to enforce the order;
(2) the name, address, and, if available, the social security number of the obligor;
(3) the amount and duration of the spousal maintenance payments, including the amount and duration of withholding for arrearages, if any; and
(4) the name, address, and, if available, the social security number of the obligee.

(b) The order for withholding must require the obligor to notify the court promptly of any material change affecting the order, including a change of employer.

(c) On request by an obligee, the court may exclude from an order of withholding the obligee’s address and social security number if the obligee or a member of the obligee's family or household is a victim of family violence and is the subject of a protective order to which the obligor is also subject. On granting a request under this subsection, the court shall order the clerk to:

(1) strike the address and social security number required by Subsection (a) from the order or writ of withholding; and
(2) maintain a confidential record of the obligee's address and social security number to be used only by the court.


§ 8.153. REQUEST FOR ISSUANCE OF ORDER OR WRIT OF WITHHOLDING

An obligor or obligee may file with the clerk of the court a request for issuance of an order or writ of withholding.


§ 8.154. ISSUANCE AND DELIVERY OF ORDER OR WRIT OF WITHHOLDING

(a) On receipt of a request for issuance of an order or writ of withholding, the clerk of the court shall deliver a certified copy of the order or writ to the obligor’s current employer or to any subsequent employer of the obligor. The clerk shall attach a copy of Subchapter E to the order or writ.
(b) Not later than the fourth working day after the date the order is signed or the request is filed, whichever is later, the clerk shall issue and deliver the certified copy of the order or writ by:

(1) certified or registered mail, return receipt requested, to the employer; or
(2) service of citation to:

(A) the person authorized to receive service of process for the employer in civil cases generally; or
(B) a person designated by the employer by written notice to the clerk to receive orders or notices of income withholding.

 

Subchapter E. Rights and Duties of Employer

 

§ 8.201. ORDER OR WRIT BINDING ON EMPLOYER

(a) An employer required to withhold income from earnings under this chapter is not entitled to notice of the proceedings before the order of withholding is rendered or writ of withholding is issued.
(b) An order or writ of withholding is binding on an employer regardless of whether the employer is specifically named in the order or writ.

 

§ 8.202. EFFECTIVE DATE AND DURATION OF INCOME WITHHOLDING

An employer shall begin to withhold income in accordance with an order or writ of withholding not later than the first pay period after the date the order or writ was delivered to the employer. The employer shall continue to withhold income as required by the order or writ as long as the obligor is employed by the employer.

 

§ 8.203. REMITTING WITHHELD PAYMENTS

(a) The employer shall remit to the person or office named in the order or writ of withholding the amount of income withheld from an obligor on each pay date. The remittance must include the date on which the income withholding occurred.

(b) The employer shall include with each remittance:

(1) the cause number of the suit under which income withholding is required;
(2) the payor’s name; and
(3) the payee’s name, unless the remittance is made by electronic funds transfer.

 

§ 8.204. EMPLOYER MAY DEDUCT FEE FROM EARNINGS

An employer may deduct an administrative fee of not more than $5 each month from the obligor’s disposable earnings in addition to the amount withheld as spousal maintenance.

 

§ 8.205. HEARING REQUESTED BY EMPLOYER

(a) Not later than the 20th day after the date an order or writ of withholding is delivered to an employer, the employer may file with the court a motion for a hearing on the applicability of the order or writ to the employer.

(b) The hearing under this section must be held on or before the 15th day after the date the motion is made.

(c) An order or writ of withholding is binding and the employer shall continue to withhold income and remit the amount withheld pending further order of the court.

 

§ 8.206. LIABILITY AND OBLIGATION OF EMPLOYER FOR PAYMENTS

(a) An employer who complies with an order or writ of withholding under this chapter is not liable to the obligor for the amount of income withheld and remitted as required by the order or writ.

(b) An employer who receives, but does not comply with, an order or writ of withholding is liable to:

(1) the obligee for any amount of spousal maintenance not paid in compliance with the order or writ;
(2) the obligor for any amount withheld from the obligor’s disposable earnings, but not remitted to the obligee; and
(3) the obligee or obligor for reasonable attorney’s fees and court costs incurred in recovering an amount described by Subdivision (1) or (2).

(c) An employer shall comply with an order of withholding for spousal maintenance or alimony issued in another state that appears regular on its face in the same manner as an order issued by a tribunal of this state. The employer shall notify the employee of the order and comply with the order in the manner provided by Subchapter F, Chapter 159, with respect to an order of withholding for child support issued by another state. The employer may contest the order of withholding in the manner provided by that subchapter with respect to an order of withholding for child support issued by another state.

 

§ 8.207. EMPLOYER RECEIVING MULTIPLE ORDERS OR WRITS

(a) An employer who receives more than one order or writ of withholding to withhold income from the same obligor shall withhold the combined amounts due under each order or writ unless the combined amounts due exceed the maximum total amount of allowed income withholding under Section 8.106.

(b) If the combined amounts to be withheld under multiple orders or writs for the same obligor exceed the maximum total amount of allowed income withholding under Section 8.106, the employer shall pay, until that maximum is reached, in the following order of priority:

(1) an equal amount toward current child support owed by the obligor in each order or writ until the employer has complied fully with each current child support obligation;

(2) an equal amount toward current maintenance owed by the obligor in each order or writ until the employer has complied fully with each current maintenance obligation;

(3) an equal amount toward child support arrearages owed by the obligor in each order or writ until the employer has complied fully with each order or writ for child support arrearages; and

(4) an equal amount toward maintenance arrearages owed by the obligor in each order or writ until the employer has complied fully with each order or writ for spousal maintenance arrearages.

 

§ 8.208. EMPLOYER'S LIABILITY FOR DISCRIMINATORY HIRING OR DISCHARGE

(a) An employer may not use an order or writ of withholding as grounds in whole or part for the termination of employment of, or for any other disciplinary action against, an employee.

(b) An employer may not refuse to hire an employee because of an order or writ of withholding.

(c) An employer who intentionally discharges an employee in violation of this section is liable to that employee for current wages, other employment benefits, and reasonable attorney’s fees and court costs incurred in enforcing the employee's rights.

(d) In addition to liability imposed under Subsection (c), the court shall order with respect to an employee whose employment was suspended or terminated in violation of this section appropriate injunctive relief, including reinstatement of:

(1) the employee’s position with the employer; and

(2) fringe benefits or seniority lost as a result of the suspension or termination.

(e) An employee may bring an action to enforce the employee’s rights under this section.

 

§ 8.209. PENALTY FOR NONCOMPLIANCE

(a) In addition to the civil remedies provided by this subchapter or any other remedy provided by law, an employer who knowingly violates this chapter by failing to withhold income for spousal maintenance or to remit withheld income in accordance with an order or writ of withholding issued under this chapter commits an offense.

(b) An offense under this section is punishable by a fine not to exceed $200 for each violation.

 

§ 8.210. NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW EMPLOYMENT

(a) An obligor who terminates employment with an employer who has been withholding income and the obligor’s employer shall each notify the court and the obligee of:

(1) the termination of employment not later than the seventh day after the date of termination;

(2) the obligor’s last known address; and

(3) the name and address of the obligor’s new employer, if known.

(b) The obligor shall inform a subsequent employer of the order or writ of withholding after obtaining employment.

 

Title 5. The Parent-Child Relationship and the Suit Affecting the Parent–Child Relationship
Subtitle A. General Provisions
Chapter 101. Definitions


§ 101.010. DISPOSABLE EARNINGS

“Disposable earnings” means the part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld, union dues, nondiscretionary retirement contributions, and medical, hospitalization, and disability insurance coverage for the obligor and the obligator’s children.

 

§ 101.011. EARNINGS

“Earnings” means a payment to or due an individual, regardless of source and how denominated. The term includes a periodic or lump-sum payment for:
(1) wages, salary, compensation received as an independent contractor, overtime pay, severance pay, commission, bonus, and interest income;
(2) payments made under a pension, an annuity, workers’ compensation, and a disability or retirement program; and
(3) unemployment benefits.

 

§ 101.012. EMPLOYER

“Employer” means a person, corporation, partnership, workers’ compensation insurance carrier, governmental entity, the United States, or any other entity that pays or owes earnings to an individual. The term includes, for the purposes of enrolling dependents in a group health insurance plan, a union, trade association, or other similar organization.

 

 

Title 5. The Parent–Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B. Suits Affecting the Parent-Child Relationship
Chapter 158. Withholding from Earnings for Child Support
Subchapter A. Income Withholding Required; General Provisions

 

§ 158.001. INCOME WITHHOLDING; GENERAL RULE

In a proceeding in which periodic payments of child support are ordered, modified, or enforced, the court or the Title IV–D agency shall order that income be withheld from the disposable earnings of the obligor as provided by this chapter.

 

§ 158.002. SUSPENSION OF INCOME WITHHOLDING

Except in a Title IV–D case, the court may provide, for good cause shown or on agreement of the parties, that the order withholding income need not be issued or delivered to an employer until:

(1) the obligor has been in arrears for an amount due for more than 30 days;

(2) the amount of the arrearages is an amount equal to or greater than the amount due for a one–month period; or

(3) any other violation of the child support order has occurred.

 

§ 158.003. WITHHOLDING FOR ARREARAGES IN ADDITION TO CURRENT SUPPORT

(a) In addition to income withheld for the current support of a child, income shall be withheld from the disposable earnings of the obligor to be applied toward the liquidation of any child support arrearages, including accrued interest as provided in Chapter 157.

(b) The additional amount to be withheld for arrearages shall be an amount sufficient to discharge those arrearages in not more than two years or an additional 20 percent added to the amount of the current monthly support order, whichever amount will result in the arrearages being discharged in the least amount of time.

 

§ 158.004.WITHHOLDING FOR ARREARAGES WHEN NO CURRENT SUPPORT IS DUE

If current support is no longer owed, the court or the Title IV–D agency shall order that income be withheld for arrearages, including accrued interest as provided in Chapter 157, in an amount sufficient to discharge those arrearages in not more than two years.

 

§ 158.005. WITHHOLDING TO SATISFY JUDGMENT FOR ARREARAGES

In rendering a cumulative judgment for arrearages, the court shall order that a reasonable amount of income be withheld from the disposable earnings of the obligor to be applied toward the satisfaction of the judgment.

 

§ 158.0051. ORDER FOR WITHHOLDING FOR COSTS AND FEES

(a) In addition to an order for income to be withheld for child support, including child support and child support arrearages, the court may render an order that income be withheld from the disposable earnings of the obligor to be applied towards the satisfaction of any ordered attorney’s fees and costs resulting from an action to enforce child support under this title.

(b) An order rendered under this section is subordinate to an order or writ of withholding for child support under this chapter and is subject to the maximum amount allowed to be withheld under Section 158.009.

(c) The court shall order that amounts withheld for fees and costs under this section be remitted directly to the person entitled to the ordered attorney's fees or costs or be paid through a local registry for disbursement to that person.

 

§ 158.006. INCOME WITHHOLDING IN TITLE IV–D SUITS

In a Title IV–D case, the court or the Title IV–D agency shall order that income be withheld from the disposable earnings of the obligor and may not suspend, stay, or delay issuance of the order or of a judicial or administrative writ of withholding.

 

§ 158.007. EXTENSION OF REPAYMENT SCHEDULE BY COURT OR TITLE IV-D AGENCY; UNREASONABLE HARDSHIP

If the court or the Title IV–D agency finds that the schedule for discharging arrearages would cause the obligor, the obligor’s family, or children for whom support is due from the obligor to suffer unreasonable hardship, the court or agency may extend the payment period for a reasonable length of time.

 

§ 158.008. PRIORITY OF WITHHOLDING

An order or writ of withholding has priority over any garnishment, attachment, execution, or other assignment or order affecting disposable earnings.

 

§ 158.009. MAXIMUM AMOUNT WITHHELD FROM EARNINGS

An order or writ of withholding shall direct that any employer of the obligor withhold from the obligor’s disposable earnings the amount specified up to a maximum amount of 50 percent of the obligor's disposable earnings.

 

§ 158.010. ORDER OR WRIT BINDING ON EMPLOYER DOING BUSINESS IN STATE

An order or writ of withholding issued under this chapter and delivered to an employer doing business in this state is binding on the employer without regard to whether the obligor resides or works outside this state.

 

§ 158.011. VOLUNTARY WITHHOLDING BY OBLIGOR

(a) An obligor may file with the clerk of the court a notarized or acknowledged request signed by the obligor and the obligee for the issuance and delivery to the obligor’s employer of a writ of withholding. A notarized or acknowledged request may be filed under this section regardless of whether a writ or order has been served on any party or of the existence or amount of an arrearage.

(b) On receipt of a request under this section, the clerk shall issue and deliver a writ of withholding in the manner provided by this chapter.

(c) An employer that receives a writ of withholding issued under this section may request a hearing in the same manner and according to the same terms provided by Section 158.205.

(d) An obligor whose employer receives a writ of withholding issued under this section may request a hearing in the manner provided by Section 158.309.

(e) An obligee may contest a writ of withholding issued under this section by requesting, not later than the 180th day after the date on which the obligee discovers that the writ has been issued, a hearing in the manner provided by Section 158.309.

(f) A writ of withholding under this section may not reduce the total amount of child support, including arrearages, owed by the obligor.

 

Subchapter B. Procedure

 

§ 158.101. APPLICABILITY OF PROCEDURE

Except as otherwise provided in this chapter, the procedure for a motion for enforcement of child support as provided in Chapter 157 applies to an action for income withholding.

 

§ 158.102. TIME LIMITATIONS

An order or writ for income withholding under this chapter may be issued until all current support and child support arrearages, interest, and any applicable fees and costs, including ordered attorney’s fees and court costs, have been paid.

 

§ 158.103. CONTENTS OF ORDER OR WRIT OF WITHHOLDING

An order of withholding or writ of withholding issued under this chapter must contain the information required by the forms prescribed by the Title IV–D agency under Section 158.106.

 

§ 158.104. REQUEST FOR ISSUANCE OF ORDER OR JUDICIAL WRIT OF WITHHOLDING

A request for issuance of an order or judicial writ of withholding may be filed with the clerk of the court by the prosecuting attorney, the Title IV–D agency, the friend of the court, a domestic relations office, the obligor, the obligee, or an attorney representing the obligee or obligor.

 

§ 158.105. ISSUANCE AND DELIVERY OF ORDER OR JUDICIAL WRIT OF WITHHOLDING

(a) On filing a request for issuance of an order or judicial writ of withholding, the clerk of the court shall cause a certified copy of the order or writ to be delivered to the obligor’s current employer or to any subsequent employer of the obligor.

(b) The clerk shall issue and deliver the certified copy of the order or judicial writ not later than the fourth working day after the date the order is signed or the request is filed, whichever is later.

(c) An order or judicial writ of withholding shall be delivered to the employer by first class mail or, if requested, by certified or registered mail, return receipt requested, by electronic transmission, including electronic mail or facsimile transmission, or by service of citation to:

(1) the person authorized to receive service of process for the employer in civil cases generally; or

(2) a person designated by the employer, by written notice to the clerk, to receive orders or writs of withholding.

(d) The clerk may deliver an order or judicial writ of withholding under Subsection (c) by electronic mail if the employer has an electronic mail address or by facsimile transmission if the employer is capable of receiving documents transmitted in that manner. If delivery is accomplished by electronic mail, the clerk must request acknowledgment of receipt from the employer or use an electronic mail system with a read receipt capability. If machine must create a delivery confirmation report.

 

§ 158.106. FORMS FOR INCOME WITHHOLDING

(a) The Title IV–D agency shall prescribe forms as required by federal law in a standard format entitled order or notice to withhold income for child support under this chapter.

(b) The Title IV–D agency shall make the required forms available to obligors, obligees, domestic relations offices, friends of the court, clerks of the court, and private attorneys.

(c) The Title IV–D agency may prescribe additional forms for the efficient collection of child support from earnings and to promote the administration of justice for all parties.

(d) The forms prescribed by the Title IV–D agency under this section shall be used:

(1) for an order or judicial writ of income withholding under this chapter: and
(2) to request voluntary withholding under Section 158.011.

 

Subchapter C. Rights and Duties of Employer

 

§ 158.201. ORDER OR WRIT BINDING ON EMPLOYER

(a) An employer required to withhold income from earnings is not entitled to notice of the proceedings before the order is rendered or writ of withholding is issued.

(b) An order or writ of withholding is binding on an employer regardless of whether the employer is specifically named in the order or writ.

 

§ 158.202. EFFECTIVE DATE OF AND DURATION OF WITHHOLDING

An employer shall begin to withhold income in accordance with an order or writ of withholding not later than the first pay period following the date on which the order or writ was delivered to the employer and shall continue to withhold income as required by the order or writ as long as the obligor is employed by the employer.

 

§ 158.203. REMITTING WITHHELD PAYMENTS

(a) The employer shall remit the amount to be withheld to the person or office named in the order or writ on each pay date. The payment must include the date on which the withholding occurred.

(b) An employer with 50 or more employees shall remit a payment required under this section by electronic funds transfer or electronic data interchange not later than the second business day after the pay date.

(b-1)  An employer with fewer than 50 employees may remit a payment required under this section by electronic funds transfer or electronic data interchange. A payment remitted by the employer electronically must be remitted not later than the date specified by Subsection (b).

(c) The employer shall include with each payment transmitted:

(1) the number assigned by the Title IV–D agency, if available, and the county identification number, if available;

(2) the name of the county or the county’s federal information processing standard code;

(3) the cause number of the suit under which withholding is required;

(4) the payor’s name and social security number; and

(5) the payee’s name and, if available, social security number, unless the payment is transmitted by electronic funds transfer.

(d) In a case in which an obligor’s income is subject to withholding, the employer shall remit the payment of child support directly to a local registry, the Title IV–D agency, or to the state disbursement unit.

(e) the state disbursement unit may impose on an employer described by Subsection(b) a payment processing surcharge in an amount of not more than $25 for each remittance made on behalf of an employee that is not made by electronic funds transfer or electronic data exchange. The payment processing surcharge under this subsection may not be charged against the employee or taken from amounts withheld from the employee’s wages.

(f) the state disbursement unit shall:

(1)  notify an employer described by Subsection (b) who fails to remit withheld income by electronic funds transfer or electronic data exchange that the employer is subject to a payment processing surcharge under Subsection (e): and

(2)  inform the employer of the amount of the surcharge owed and the manner in which the surcharge is required to be paid to the unit.

 

§ 158.204. EMPLOYER MAY DEDUCT FEE FROM EARNINGS

An employer may deduct an administrative fee of not more than $10 each month from the obligor’s disposable earnings in addition to the amount to be withheld as child support.

 

§ 158.205. HEARING REQUESTED BY EMPLOYER

(a) Not later than the 20th day after the date an order or writ of withholding is delivered, the employer may, as appropriate, file a motion with the court or file a request with the Title IV–D agency for a hearing on the applicability of the order or writ to the employer. The Title IV–D agency by rule shall establish procedures for an agency hearing under this section.

(b) The hearing under this section shall be held not later than the 15th day after the date the motion or request was made.

(c) An order or writ of withholding remains binding and payments shall continue to be made pending further order of the court or, in the case of an administrative writ, action of the Title IV–D agency.

 

§ 158.206. LIABILITY AND OBLIGATION OF EMPLOYER; WORKERS’ COMPENSATION CLAIMS

(a) An employer receiving an order or a writ of withholding under this chapter, including an order or writ directing that health insurance be provided to a child, who complies with the order or writ is not liable to the obligor for the amount of income withheld and paid as required by the order or writ.

(b) An employer receiving an order or writ of withholding who does not comply with the order or writ is liable:

(1) to the obligee for the amount not paid in compliance with the order or writ, including the amount the obligor is required to pay for health insurance under Chapter 154;

(2) to the obligor for:

(A) the amount withheld and not paid as required by the order or writ; and

(B) an amount equal to the interest that accrues under Section 157.265 on the amount withheld and not paid; and

(3) for reasonable attorney’s fees and court costs.

(c) If an obligor has filed a claim for workers’ compensation, the obligor’s employer shall send a copy of the income withholding order or writ to the insurance carrier with whom the claim has been filed in order to continue the ordered withholding of income.

 

§ 158.207. EMPLOYER RECEIVING MORE THAN ONE ORDER OR WRIT

(a) An employer receiving two or more orders or writs for one obligor shall comply with each order or writ to the extent possible.

(b) If the total amount due under the orders or writs exceeds the maximum amount allowed to be withheld under Section 158.009, the employer shall pay an equal amount towards the current support in each order or writ until the employer has complied fully with each current support obligation and, thereafter, equal amounts on the arrearages until the employer has complied with each order or writ, or until the maximum total amount of allowed withholding is reached, whichever occurs first.

(c) An employer who receives more than one order or writ of withholding that combines withholding for child support and spousal maintenance as provided by Section 8.101 shall withhold income and pay the amount withheld in accordance with Section 8.207.

 

§ 158.208. EMPLOYER MAY COMBINE AMOUNTS WITHHELD

An employer required to withhold from more than one obligor may combine the amounts withheld and make a single payment to each agency designated if the employer separately identifies the amount of the payment that is attributable to each obligor.

 

§ 158.209. EMPLOYER’S PENALTY FOR DISCRIMINATORY HIRING OR DISCHARGE

(a) An employer may not use an order or writ of withholding as grounds in whole or part for the termination of employment or for any other disciplinary action against an employee.

(b) An employer may not refuse to hire an employee because of an order or writ of withholding.

(c) If an employer intentionally discharges an employee in violation of this section, the employer continues to be liable to the employee for current wages and other benefits and for reasonable attorney’s fees and court costs incurred in enforcing the employee’s rights as provided in this section.

(d) An action under this section may be brought by the employee, a friend of the court, the domestic relations office, or the Title IV–D agency.

 

§ 158.210. FINE FOR NONCOMPLIANCE

(a) In addition to the civil remedies provided by this subchapter or any other remedy provided by law, an employer who knowingly violates the provisions of this chapter may be subject to a fine not to exceed $200 for each occurrence in which the employer fails to:

(1) withhold income for child support as instructed in an order or writ issued under this chapter; or

(2) remit withheld income within the time required by Section 158.203 to the payee identified in the order or writ or to the state disbursement unit.

(b) A fine recovered under this section shall be paid to the county in which the obligee resides and shall be used by the county to improve child support services.

 

§ 158.211. NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW EMPLOYMENT

(a) If an obligor terminates employment with an employer who has been withholding income, both the obligor and the employer shall notify the court or the Title IV–D agency and the obligee of that fact not later than the seventh day after the date employment terminated and shall provide the obligor’s last known address and the name and address of the obligor’s new employer, if known.

(b) The obligor has a continuing duty to inform any subsequent employer of the order or writ of withholding after obtaining employment.

 

§ 158.212. IMPROPER PAYMENT

An employer who remits a payment to an incorrect office or person shall remit the payment to the agency or person identified in the order of withholding not later than the second business day after the date the employer receives the returned payment.

 

§ 158.213. WITHHOLDING FROM WORKERS’ COMPENSATION BENEFITS

(a) An insurance carrier that receives an order or writ of withholding under Section 158.206 for workers’ compensation benefits payable to an obligor shall withhold an amount not to exceed the maximum amount allowed to be withheld from income under Section 158.009 regardless of whether the benefits payable to the obligor for lost income are paid as lump sum amounts or as periodic payments.

(b) An insurance carrier subject to this section shall send the amount withheld for child support to the place of payment designated in the order or writ of withholding.

 

§ 158.214. WITHHOLDING FROM SEVERANCE PAY

(a) In this section, “severance pay” means income paid on termination of employment in addition to the employee’s usual earnings from the employer at the time of termination.

(b) An employer receiving an order or writ of withholding under this chapter shall withhold from any severance pay owed an obligor an amount equal to the amount the employer would have withheld under the order or writ if the severance pay had been paid as the obligor’s usual earnings as a current employee.

(c) The total amount that may be withheld under this section is subject to the maximum amount allowed to be withheld under Section 158.009.

 

§ 158.215. WITHHOLDING FROM LUMP–SUM PAYMENTS

(a) In this section, “lump–sum payment” means income in the form of a bonus or an amount paid in lieu of vacation or other leave time. The term does not include an employee’s usual earnings or an amount paid as severance pay on termination of employment.

(b) This section applies only to an employer who receives an administrative writ of withholding in a Title IV–D case .

(c) An employer to whom this section applies may not make a lump–sum payment to the obligor in the amount of $500 or more without first notifying the Title IV–D agency to determine whether all or a portion of the payment should be applied to child support arrearages owed by the obligor.

(d) After notifying the Title IV–D agency in compliance with Subsection (c), the employer may not make the lump-sum payment before the earlier of:

(1) the 10th day after the date on which the employer notified the Title IV–D agency; or

(2) the date on which the employer receives authorization from the Title IV–D agency to make the payment.

(e) If the employer receives a timely authorization from the Title IV–D agency under Subsection (d)(2), the employer may make the payment only in accordance with the terms of that authorization.

 

Subchapter D. Judicial Writ of Withholding Issued by Clerk

 

§ 158.301. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF WITHHOLDING; FILING

(a) A notice of application for judicial writ of withholding may be filed if:

(1) a delinquency occurs in child support payments in an amount equal to or greater than the total support due for one month; or

(2) income withholding was not ordered at the time child support was ordered.

(b) The notice of application for judicial writ of withholding may be filed in the court of continuing jurisdiction by:

(1) the Title IV–D agency;

(2) the attorney representing the local domestic relations office;

(3) the attorney appointed a friend of the court as provided in Chapter 202;

(4) the obligor or obligee; or

(5) a private attorney representing the obligor or obligee.

(c) The Title IV–D agency may in a Title IV–D case file a notice of application for judicial writ of withholding on request of the obligor or obligee.

 

§ 158.302. CONTENTS OF NOTICE OF APPLICATION FOR JUDICIAL WRIT OF WITHHOLDING

The notice of application for judicial writ of withholding shall be verified and:

(1) state the amount of monthly support due, including medical support, the amount of arrearages or anticipated arrearages, including accrued interest, and the amount of wages that will be withheld in accordance with a judicial writ of withholding;

(2) state that the withholding applies to each current or subsequent employer or period of employment;

(3) state that if the obligor does not contest the withholding within 10 days after the date of receipt of the notice, the obligor’s employer will be notified to begin the withholding;

(4) describe the procedures for contesting the issuance and delivery of a writ of withholding;

(5) state that if the obligor contests the withholding, the obligor will be afforded an opportunity for a hearing by the court not later than the 30th day after the date of receipt of the notice of contest;

(6) state that the sole ground for successfully contesting the issuance of a writ of withholding is a dispute concerning the identity of the obligor or the existence or amount of the arrearages, including accrued interest;

(7) describe the actions that may be taken if the obligor contests the notice of application for judicial writ of withholding, including the procedures for suspending issuance of a writ of withholding; and

(8) include with the notice a suggested form for the motion to stay issuance and delivery of the judicial writ of withholding that the obligor may file with the clerk of the appropriate court.

 

§ 158.303. INTERSTATE REQUEST FOR INCOME WITHHOLDING

(a) The registration of a foreign support order as provided in Chapter 159 is sufficient for the filing of a notice of application for judicial writ of withholding.

(b) The notice shall be filed with the clerk of the court having venue as provided in Chapter 159.

(c) Notice of application for judicial writ of withholding may be delivered to the obligor at the same time that an order is filed for registration under Chapter 159.

 

§ 158.304. ADDITIONAL ARREARAGES

If the notice of application for judicial writ of withholding states that the obligor has repeatedly failed to pay support in accordance with the underlying support order, the judicial writ may include arrearages that accrue between the filing of the notice and the date of the hearing or the issuance of a judicial writ of withholding.

 

 

§ 158.306. DELIVERY OF NOTICE OF APPLICATION FOR JUDICIAL WRIT OF WITHHOLDING; TIME OF DELIVERY

(a) A notice of application for judicial writ of withholding may be delivered to the obligor by:

(1) hand delivery by a person designated by the Title IV–D agency or local domestic relations office;

(2) first–class or certified mail, return receipt requested, addressed to the obligor’s last known address or place of employment; or

(3) by service of citation as in civil cases generally.

(b) If the notice is delivered by mailing or hand delivery, the party who filed the notice shall file with the court a certificate stating the name, address, and date on which the mailing or hand delivery was made.

(c) Notice is considered to have been received by the obligor:

(1) if hand delivered, on the date of delivery;

(2) if mailed by certified mail, on the date of receipt;

(3) if mailed by first–class mail, on the 10th day after the date the notice was mailed; or

(4) if delivered by service of citation, on the date of service.

 

§ 158.307. MOTION TO STAY ISSUANCE OF WRIT OF WITHHOLDING

(a) The obligor may stay issuance of a judicial writ of withholding by filing a motion to stay with the clerk of court not later than the 10th day after the date the notice of application for judicial writ of withholding was received.

(b) The grounds for filing a motion to stay issuance are limited to a dispute concerning the identity of the obligor or the existence or the amount of the arrearages.

(c) The obligor shall verify that statements of fact in the motion to stay issuance of the writ are true and correct.

 

§ 158.308. EFFECT OF FILING MOTION TO STAY

The filing of a motion to stay by an obligor in the manner provided by Section 158.307 prohibits the clerk of court from delivering the judicial writ of withholding to any employer of the obligor before a hearing is held.

 

§ 158.309. HEARING ON MOTION TO STAY

(a) If a motion to stay is filed in the manner provided by Section 158.307, the court shall set a hearing on the motion and the clerk of court shall notify the obligor, obligee, or their authorized representatives, and the party who filed the application for judicial writ of withholding of the date, time, and place of the hearing.

(b) The court shall hold a hearing on the motion to stay not later than the 30th day after the date the motion was filed, except that a hearing may be held later than the 30th day after filing if both the obligor and obligee agree and waive the right to have the motion heard within 30 days.

(c) Upon hearing, the court shall:

(1) render an order for income withholding that includes a determination of the amount of child support arrearages, including medical support and interest; or

(2) grant the motion to stay.

 

§ 158.310. SPECIAL EXCEPTIONS

(a) A defect in a notice of application for judicial writ of withholding is waived unless the respondent specially excepts in writing and cites with particularity the alleged defect, obscurity, or other ambiguity in the notice.

(b) A special exception under this section must be heard by the court before hearing the motion to stay issuance.

(c) If the court sustains an exception, the court shall provide the party filing the notice an opportunity to refile and the court shall continue the hearing to a date certain without the requirement of additional service.

 

§ 158.311. ARREARAGES

(a) Payment of arrearages after receipt of notice of application for judicial writ of withholding may not be the sole basis for the court to refuse to order withholding.

(b) The court shall order that a reasonable amount of income be withheld to be applied toward the liquidation of arrearages, even though a judgment confirming arrearages has been rendered against the obligor.

 

§ 158.312. REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING

(a) If a notice of application for judicial writ of withholding is delivered and a motion to stay is not filed within the time limits provided by Section 158.307, the party who filed the notice shall file with the clerk of the court a request for issuance of the writ of withholding stating the amount of current support, including medical support, the amount of arrearages, and the amount to be withheld from the obligor's income.

(b) The request for issuance may not be filed before the 11th day after the date of receipt of the notice of application for judicial writ of withholding by the obligor.

 

§ 158.313. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING

(a) On the filing of a request for issuance of a writ of withholding, the clerk of the court shall issue the writ.

(b) The writ shall be delivered as provided by Subchapter B.

(c) The clerk shall issue and mail the writ not later than the second working day after the date the request is filed.

 

§ 158.314. CONTENTS OF WRIT OF WITHHOLDING

The judicial writ of income withholding issued by the clerk must direct that the employer or a subsequent employer withhold from the obligor’s disposable income for current child support, including medical support, and child support arrearages an amount that is consistent with the provisions of this chapter regarding orders of withholding.

 

§ 158.315. EXTENSION OF REPAYMENT SCHEDULE BY PARTY; UNREASONABLE HARDSHIP

If the party who filed the notice of application for judicial writ of withholding finds that the schedule for repaying arrearages would cause the obligor, the obligor's family, or the children for whom the support is due from the obligor to suffer unreasonable hardship, the party may extend the payment period in the writ.

 

§ 158.316. PAYMENT OF AMOUNT TO BE WITHHELD

The amount to be withheld shall be paid to the person or office named in the writ on each pay date and shall include with the payment the date on which the withholding occurred.

 

§ 158.317. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR JUDICIAL WRIT OF WITHHOLDING

(a) Not later than the 30th day after the date of the first pay period following the date of delivery of the writ of withholding to the obligor’s employer, the obligor may file an affidavit with the court that a motion to stay was not timely filed because the notice of application for judicial writ of withholding was not received by the obligor and that grounds exist for a motion to stay.

(b) Concurrently with the filing of the affidavit, the obligor may file a motion to withdraw the writ of withholding and request a hearing on the applicability of the writ.

(c) Income withholding may not be interrupted until after the hearing at which the court renders an order denying or modifying withholding.

 

§ 158.319. ISSUANCE AND DELIVERY OF JUDICIAL WRIT OF WITHHOLDING TO SUBSEQUENT EMPLOYER

(a) After the issuance of a judicial writ of withholding by the clerk, a party authorized to file a notice of application for judicial writ of withholding under this subchapter may issue the judicial writ of withholding to a subsequent employer of the obligor by delivering to the employer by certified mail a copy of the writ.

b) The judicial writ of withholding must include the name, address, and signature of the party and clearly indicate that the writ is being issued to a subsequent employer.

(c) The party shall file a copy of the judicial writ of withholding with the clerk not later than the third working day following delivery of the writ to the subsequent employer. The party shall pay the clerk a fee of $15 at the time the copy of the writ is filed.

(d) The party shall file the postal return receipt from the delivery to the subsequent employer not later than the third working day after the party receives the receipt.

 

Subchapter E. Modification, Reduction, or Termination of Withholding

 

§ 158.401. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING BY TITLE IV–D AGENCY

(a) The Title IV–D agency shall establish procedures for the reduction in the amount of or termination of withholding from income on the liquidation of an arrearages or the termination of the obligation of support in Title IV–D cases. The procedures shall provide that the payment of overdue support may not be used as the sole basis for terminating withholding.

(b) At the request of the Title IV–D agency, the clerk of the court shall issue a judicial writ of withholding to the obligor’s employer reflecting any modification or changes in the amount to be withheld or the termination of withholding.

 

§ 158.402. AGREEMENT BY PARTIES REGARDING AMOUNT OR DURATION OF WITHHOLDING

(a) An obligor and obligee may agree on a reduction in or termination of income withholding for child support on the occurrence of one of the following contingencies stated in the order:

(1) the child becomes 18 years of age or is graduated from high school, whichever is later;

(2) the child’s disabilities of minority are removed by marriage, court order, or other operation of law; or

(3) the child dies.

(b) The obligor and obligee may file a notarized or acknowledged request with the clerk of the court under Section 158.011 for a revised judicial writ of withholding, including the termination of withholding.

(c) The clerk shall issue and deliver to an employer of the obligor a judicial writ of withholding that reflects the agreed revision or termination of withholding.

(d) An agreement by the parties under this section does not modify the terms of a support order.

 

§ 158.403. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING IN VOLUNTARY WITHHOLDING CASES

(a) If an obligor initiates voluntary withholding under Section 158.011, the obligee or an agency providing child support services may file with the clerk of the court a notarized request signed by the obligor and the obligee or agency, as appropriate, for the issuance and delivery to the obligor of a:

(1) modified writ of withholding that reduces the amount of withholding; or

(2) notice of termination of withholding.

b) On receipt of a request under this section, the clerk shall issue and deliver a modified writ of withholding or notice of termination in the manner provided by Section 158.402.

(c) The clerk may charge a reasonable fee not to exceed $15 for filing the request.

(d) An obligee may contest a modified writ of withholding or notice of termination issued under this section by requesting a hearing in the manner provided by Section 158.309 not later than the 180th day after the date the obligee discovers that the writ or notice has been issued.

 

§ 158.404. DELIVERY OF ORDER OF REDUCTION OR TERMINATION OF WITHHOLDING

If a court has rendered an order that reduces the amount of child support to be withheld or terminates withholding for child support, any person or governmental entity may deliver to the employer a certified copy of the order without the requirement that the clerk of the court deliver the order.

 

§ 158.405. LIABILITY OF EMPLOYERS

The provisions of this chapter regarding the liability of employers for withholding apply to an order that reduces or terminates withholding.

 

Subchapter F. Administrative Writ of Withholding

 

§ 158.501. ISSUANCE OF ADMINISTRATIVE WRIT OF WITHHOLDING

(a) The Title IV–D agency may initiate income withholding by issuing an administrative writ of withholding for the enforcement of an existing order as authorized by this subchapter.

(b) Except as provided by Subsection (d), the Title IV–D agency is the only entity that may issue an administrative writ under this subchapter.

(c) The Title IV–D agency may use the procedures authorized by this subchapter to enforce a support order rendered by a tribunal of another state regardless of whether the order has been registered under Chapter 159.

(d) A domestic relations office may issue an administrative writ of withholding under this chapter in a proceeding in which the office is providing child support enforcement services. A reference in this code to the Title IV-D agency that relates to an administrative writ includes a domestic relations office, except that the writ must be in the form prescribed by the Title IV-D agency under Section 158.504.


§ 158.502. WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE ISSUED

(a) An administrative writ of withholding under this subchapter may be issued by the Title IV–D agency at any time until all current support, including medical support, and child support arrearages, and Title IV–D service fees authorized under Section 231.103 for which the obligor is responsible, have been paid. The writ issued under this subsection may be based on an obligation in more than one support order.

(b) The Title IV–D agency may issue an administrative writ of withholding that directs that an amount be withheld for an arrearage or adjusts the amount to be withheld for an arrearage. An administrative writ issued under this subsection may be contested as provided by Section 158.506.

(c) The Title IV–D agency may issue an administrative writ of withholding as a reissuance of an existing withholding order on file with the court of continuing jurisdiction or a tribunal of another state. The administrative writ under this subsection is not subject to the contest provisions of Sections 158.505(a)(2) and 158.506.

(d) The Title IV–D agency may issue an administrative writ of withholding to direct child support payments to the state disbursement unit of another state.

 

158.503. DELIVERY OF ADMINISTRATIVE WRIT TO EMPLOYER; FILING WITH COURT OR MAINTAINING RECORD.

(a) An administrative writ of withholding issued under this subchapter may be delivered to an employer by mail or by electronic transmission.

(b) The Title IV-D agency shall:

(1) not later than the third business day after the date of delivery of the administrative writ of withholding to an employer, file a copy of the writ, together with a signed certificate of service, in the court of continuing jurisdiction; or

(2) maintain a record of the writ until all support obligations of the obligor have been satisfied or income withholding has been terminated as provided by this chapter.

(b-1) The certificate of service required under Subsection (b)(1) may be signed electronically.

(c) The copy of the administrative writ of withholding filed with the clerk of court must include:

(1) the name, address, and signature of the authorized attorney or individual that issued the writ;

(2) the name and address of the employer served with the writ; and

(3) a true copy of the information provided to the employer.

(d) The clerk of the court may charge a reasonable fee not to exceed $15 for filing an administrative writ under this section.

 

§ 158.504. CONTENTS OF ADMINISTRATIVE WRIT OF WITHHOLDING

(a) The administrative writ of withholding must be in the form prescribed by the Title IV–D agency as required by this chapter and in a standard format authorized by the United States Department of Health and Human Services.

(b) An administrative writ of withholding issued under this subchapter may contain only the information that is necessary for the employer to withhold income for child support and medical support and shall specify the place where the withheld income is to be paid.

 

§ 158.505. NOTICE TO OBLIGOR

(a) On issuance of an administrative writ of withholding, the Title IV–D agency shall send the obligor:

(1) notice that the withholding has commenced, including, if the writ is issued as provided by Section 158.502(b), the amount of the arrearages, including accrued interest;

(2) except as provided by Section 158.502(c), notice of the procedures to follow if the obligor desires to contest withholding on the grounds that the identity of the obligor or the existence or amount of arrearages is incorrect; and

(3) a copy of the administrative writ, including the information concerning income withholding provided to the employer.

(b) The notice required under this section may be sent to the obligor by:

(1) personal delivery by a person designated by the Title IV–D agency;

(2) first–class mail or certified mail, return receipt requested, addressed to the obligor's last known address; or

(3) service of citation as in civil cases generally.

(c) Repealed by Acts 1999, 76th Leg., ch. 556, Sec. 81, eff. Sept. 1, 1999.

 

§ 158.506. CONTEST BY OBLIGOR TO ADMINISTRATIVE WRIT OF WITHHOLDING

(a) Except as provided by Section 158.502(c), an obligor receiving the notice under Section 158.505 may request a review by the Title IV–D agency to resolve any issue in dispute regarding the identity of the obligor or the existence or amount of arrearages. The Title IV–D agency shall provide an opportunity for a review, by telephonic conference or in person, as may be appropriate under the circumstances.

(b) After a review under this section, the Title IV–D agency may issue a new administrative writ of withholding to the employer, including a writ modifying the amount to be withheld or terminating withholding.

(c) If a review under this section fails to resolve any issue in dispute, the obligor may file a motion with the court to withdraw the administrative writ of withholding and request a hearing with the court not later than the 30th day after receiving notice of the agency's determination. Income withholding may not be interrupted pending a hearing by the court.

(d) If an administrative writ of withholding issued under this subchapter is based on an order of a tribunal of another state that has not been registered under Chapter 159, the obligor may file a motion with an appropriate court in accordance with Subsection (c).

 

§ 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING

An administrative writ to terminate withholding may be issued and delivered to an employer by the Title IV–D agency when all current support, including medical support, and child support arrearages, and Title IV–D service fees authorized under Section 231.103 for which the obligor is responsible, have been paid.

 

 

Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B. Suits Affecting the Parent-Child Relationship
Chapter 159. Uniform Interstate Family Support Act
Subchapter F. Enforcement of Order of Another State Without Registration

 

§ 159.501. EMPLOYER’S RECEIPT OF INCOME–WITHHOLDING ORDER OF ANOTHER STATE

An income–withholding order issued in another state may be sent by or on behalf of the obligee or by the support enforcement agency to the person defined as the obligor’s employer under Chapter 158 without first filing a petition or comparable pleading or registering the order with a tribunal of this state.

 

 

§ 159.502. EMPLOYER’S COMPLIANCE WITH INCOME-WITHHOLDING ORDER OF ANOTHER STATE

(a) On receipt of an income–withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor.

(b) The employer shall treat an income–withholding order issued in another state that appears regular on its face as if the order had been issued by a tribunal of this state.

(c) Except as otherwise provided in Subsection (d) and Section 159.503, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order that specify:

(1) the duration and amount of periodic payments of current child support, stated as a sum certain;
(2) the person designated to receive payments and the address to which the payments are to be forwarded;
(3) medical support, whether in the form of periodic cash payments, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment;
(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sums certain; and
(5) the amount or periodic payments of arrearages and interest on arrearages, stated as sums certain.

(d) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to:

(1) the employer’s fee for processing an income–withholding order;
(2) the maximum amount permitted to be withheld from the obligor’s income; and
(3) the times within which the employer must implement the withholding order and forward the child support payment.

 

§ 159.503. EMPLOYER’S COMPLIANCE WITH TWO OR MORE INCOME–WITHHOLDING ORDERS

If an obligor’s employer receives two or more income–withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withhold for two or more child support obligees.

 

§ 159.504. IMMUNITY FROM CIVIL LIABILITY

An employer who complies with an income–withholding order issued in another state in accordance with this subchapter is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the obligor’s income.

 

§ 159.505. PENALTIES FOR NONCOMPLIANCE

An employer who willfully fails to comply with an income–withholding order issued by another state and received for enforcement is subject to the same penalites that may be imposed for noncompliance with an order issued by a tribunal of this state.

 

§ 159.506. CONTEST BY OBLIGOR

(a) An obligor may contest the validity or enforcement of an income–withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and:

(1) filing a contest to that order under Subchapter G; or
(2) contesting the order in the same manner as if the order had been issued by a tribunal of this state.

(b) The obligor shall give notice of the contest to:

(1) a support enforcement agency providing services to the obligee;
(2) each employer that has directly received an income–withholding order relating to the obligor; and
(3) the person designated to receive payments in the income–withholding order or to the obligee, if no person is designated.

 

§ 159.507. ADMINISTRATIVE ENFORCEMENT OF ORDERS

(a) A party or support enforcement agency seeking to enforce a support order or an income–withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

(b) On receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income–withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order under this chapter.

 

Medical Support

 

 FAMILY CODE

 

Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B. Suits Affecting the Parent-Child Relationship
Chapter 154. Child Support
Subchapter D. Medical Support for Child

 

§ 154.181. MEDICAL SUPPORT ORDER

(a) The court shall render an order for the medical support of the child as provided by this section and Section 154.182 in:

(1) a proceeding in which periodic payments of child support are ordered under this chapter or modified under Chapter 156;

(2) any other suit affecting the parent–child relationship in which the court determines that medical support of the child must be established, modified, or clarified;  or

(3) a proceeding under Chapter 159.

(b) Before a hearing on temporary orders or a final order, if no hearing on temporary orders is held, the court shall require the parties to the proceedings to disclose in a pleading or other statement:

(1) if private health insurance is in effect for the child, the identity of the insurance company providing the coverage, the policy number, which parent is responsible for payment of any insurance premium for the coverage, whether the coverage is provided through a parent's employment, and the cost of the premium;  or

(2) if private health insurance is not in effect for the child, whether:

(A) the child is receiving medical assistance under Chapter 32, Human Resources Code;

(B) the child is receiving health benefits coverage under the state child health plan under Chapter 62, Health and Safety Code, and the cost of any premium;  and

(C) either parent has access to private health insurance at reasonable cost to the obligor.

(c) In rendering temporary orders, the court shall, except for good cause shown, order that any health insurance coverage in effect for the child continue in effect pending the rendition of a final order, except that the court may not require the continuation of any health insurance that is not available to the parent at reasonable cost to the obligor. If there is no health insurance coverage in effect for the child or if the insurance in effect is not available at a reasonable cost to the obligor, the court shall, except for good cause shown, order health care coverage for the child as provided under Section 154.182.

(d) On rendering a final order the court shall:

(1) make specific findings with respect to the manner in which health care coverage is to be provided for the child, in accordance with the priorities identified under Section 154.182; and

(2) except for good cause shown or on agreement of the parties, require the parent ordered to provide health care coverage for the child as provided under Section 154.182 to produce evidence to the court’s satisfaction that the parent has applied for or secured health insurance or has otherwise taken necessary action to provide for health care coverage for the child, as ordered by the court.

(e) In this section, “reasonable cost” means the cost of health insurance coverage for a child that does not exceed nine percent of the responsible parent’s annual resources, as described by Section 154.062(b), if the obligor is responsible under a medical support order for the cost of health insurance coverage for only one child. If the obligor is responsible under a medical support order for the cost of health insurance coverage for more than one child, “reasonable cost” means the total cost of health insurance coverage for all children for which the obligor is responsible under a medical support order that does not exceed nine percent of the obligor's annual resources, as described by Section 154.062(b).

 

§ 154.182. HEALTH CARE COVERAGE FOR CHILD

(a) The court shall consider the cost, accessibility, and quality of health insurance coverage available to the parties and shall give priority to health insurance coverage available through the employment of one of the parties if the coverage is available at a reasonable cost to the obligor.

(b) In determining the manner in which health care coverage for the child is to be ordered, the court shall render its order in accordance with the following priorities, unless a party shows good cause why a particular order would not be in the best interest of the child:

(1) if health insurance is available for the child through a parent’s employment or membership in a union, trade association, or other organization at reasonable cost to the parent, the court shall order that parent to include the child in the parent’s health insurance;

(2) if health insurance is not available for the child under Subdivision (1) but is available to a parent from another souce and at a reasonable cost, the court may order that parent to provide health insurance for the child; or

(3) if health insurance coverage is not available for the child under Subdivision (1) or (2), the court shall order the obligor to pay the obligee, in addition to any amount ordered under the guidelines for child support, an amount, not to exceed nine percent of the obligor’s monthly resources, as described by Section 154.062(b), as cash medical support for the child.

(b-1) If the parent ordered to provide health insurance under Subsection(b)(1) or (2) is the obligee, the court shall order the obligor to pay the obligee, as additional child support, an amount equal to the actual cost of health insurance for the child, but not to exceed a reasonable cost to the obligor. In calculating the actual cost of health insurance for the child, if the obligee has other minor dependents covered under the same health insurance plan, the court shall divide the total cost to the obligee for the insurance by the total number of minor dependents, including the child covered under the plan.

(b-2) If the court finds that neither parent has access to private health insurance at a reasonable cost to the obligor, the court shall order the parent awarded the exclusive right to designate the child’s primary residence or, to the extent permitted by law, the other parent to apply immediately on behalf of the child for participation in a government medical assistance program or health plan. If the child participates in a government medical assistance program or health plan, the court shall order cash medical support under Subsection (b)(3).

(b-3) An order requiring the payment of cash medical support under Subsection (b)(3) must allow the obligor to discontinue payment of the cash medical support if:

(1) health insurance for the child becomes available to the obligor at a reasonable cost; and

(2) the obligor:

(A) enrolls the child in the insurance plan; and

(B) provides the obligee and, in a Title IV–D case, the Title IV–D agency, the information required under Section 154.185.

(c) In this section:

(1) “Accessibility” means the extent to which health insurance coverage for a child provides for the availability of medical care within a reasonable traveling distance and time from the child’s primary residence, as determined by the court.
(2) “Reasonable cost” has the meaning assigned by Section 154.181(e).

(d) Repealed by Acts 2009, 81st Leg., ch. 767, § 37.


§ 154.1826. HEALTH CARE PROGRAM FOR CERTAIN CHILDREN IN TITLE IV–D CASES

(a) In this section:

(1) “Health benefit plan issuer” means an insurer, health maintenance organization, or other entity authorized to provide health benefits coverage under the laws of this state.
(2) “Health care provider” means a physician or other person who is licensed, certified, or otherwise authorized to provide a health care service in this state.
(3) “Program” means the child health care program developed under this section.
(4) “Reasonable cost” has the meaning assigned by Section 154.181(e).
(5) “Third-party administrator” means a person who is not a health benefit plan issuer or agent of a health benefit plan issuer and who provides administrative services for the program, including processing enrollment of eligible children in the program and processing premium payments on behalf of the program.

(b) In consultation with the Texas Department of Insurance, the Health and Human Services Commission, and representatives of the insurance industry in this state, the Title IV–D agency shall develop and implement a statewide program to address the health care needs of children in Title IV–D cases for whom health insurance is not available to either parent at reasonable cost under Section 154.182(b)(1) or under Section 154.182(b)(2) from a source other than the program.

(c) The director of the Title IV–D agency may establish an advisory committee to consult with the director regarding the implementation and operation of the program. If the director establishes an advisory committee, the director may appoint any of the following persons to the advisory committee:

(1) representatives of appropriate public and private entities, including state agencies concerned with health care management;
(2) members of the judiciary;
(3) members of the legislature; and
(4) representatives of the insurance industry.

(d) The principal objective of the program is to provide basic health care services, including office visits with health care providers, hospitalization, and diagnostic and emergency services, to eligible children in Title IV–D cases at reasonable cost to the parents obligated by court order to provide medical support for the children.
(e) The Title IV–D agency may use available private resources, including gifts and grants, in administering the program.
(f) The Title IV–D agency shall adopt rules as necessary to implement the program The Title IV–D agency shall consult with the Texas Department of Insurance and the Health and Human Services Commission in establishing policies and procedures for the administration of the program and in determining appropriate benefits to be provided under the program.
(g) A health benefit plan issuer that participates in the program may not deny health care coverage under the program to eligible children because of preexisting conditions or chronic illnesses. A child who is determined to be eligible for coverage under the program continues to be eligible until the termination of the parent’s duty to pay child support as specified by Section 154.006. Enrollment of a child in the program does not preclude the subsequent enrollment of the child in another health care plan that becomes available to the child’s parent at reasonable cost, including a health care plan available through the parent's employment or the state child health plan under Chapter 62, Health and Safety Code.
(h) The Title IV–D agency shall contract with an independent third-party administrator to provide necessary administrative services for operation of the program.
(i) A person acting as a third–party administrator under Subsection (h) is not considered an administrator for purposes of Chapter 4151, Insurance Code.
(j) The Title IV–D agency shall solicit applications for participation in the program from health benefit plan issuers that meet requirements specified by the agency. Each health benefit plan issuer that participates in the program must hold a certificate of authority issued by the Texas Department of Insurance.
(k) The Title IV–D agency shall promptly notify the courts of this state when the program has been implemented and is available to provide for the health care needs of children described by Subsection (b). The notification must specify a date beginning on which children may be enrolled in the program.
(l) On or after the date specified in the notification required by Subsection (k), a court that orders health care coverage for a child in a Title IV-D case shall order that the child be enrolled in the program authorized by this section unless other health insurance is available for the child at reasonable cost, including the state child health plan under Chapter 62, Health and Safety Code.
(m) Payment of premium costs for the enrollment of a child in the program may be enforced by the Title IV–D agency against the obligor by any means available for the enforcement of a child support obligation, including income withholding under Chapter 158.
(n) The program is not subject to any provision of the Insurance Code or other law that requires coverage or the offer of coverage of a health care service or benefit.
(o) Any health information obtained by the program, or by a third–party administrator providing program services, that is subject to the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) or Chapter 181, Health and Safety Code, is confidential and not open to public inspection. Any personally identifiable financial information or supporting documentation of a parent whose child is enrolled in the program that is obtained by the program, or by a third–party administrator providing program services, is confidential and not open to public inspection.


§ 154.1827. ADMINISTRATIVE ADJUSTMENT OF MEDICAL SUPPORT ORDER

(a) In each Title IV–D case in which a medical support order requires that a child be enrolled in a health care program under Section 154.1826, the Title IV–D agency may administratively adjust the order as necessary on an annual basis to reflect changes in the amount of premium costs associated with the child’s enrollment.

(b) The Title IV–D agency shall provide notice of the administrative adjustment to the obligor and the clerk of the court that rendered the order.

 

§ 154.183. MEDICAL SUPPORT ADDITIONAL SUPPORT DUTY OF OBLIGOR

(a) An amount that an obligor is ordered to pay as medical support for the child under this chapter, including the costs of health insurance coverage or cash medical support under Section 154.182:

(1) is in addition to the amount that the obligor is required to pay for child support under the guidelines for child support;

(2) is a child support obligation; and

(3) may be enforced by any means available for the enforcement of child support, including withholding from earnings under Chapter 158.

(b) If the court finds and states in the child support order that the obligee will maintain health insurance coverage for the child at the obligee’s expense, the court shall increase the amount of child support to be paid by the obligor in an amount not exceeding the actual cost to the obligee for maintaining health insurance coverage, as provided under Section 154.182(b-1).

(c) As additional child support, the court shall allocate between the parties, according to their circumstances:

(1) the reasonable and necessary health care expenses, including vision and dental expenses, of the child that are not reimbursed by health insurance or are not otherwise covered by the amount of cash medical support ordered under Section 154.182(b)(3); and
(2) amounts paid by either party as deductibles or copayments in obtaining health care services for the child covered under a health insurance policy.

 

§ 154.184. EFFECT OF ORDER

(a) Receipt of a medical support order requiring that health insurance be provided for a child shall be considered a change in the family circumstances of the employee or member, for health insurance purposes, equivalent to the birth or adoption of a child.

(b) If the employee or member is eligible for dependent health coverage, the employer shall automatically enroll the child for the first 31 days after the receipt of the order or notice of the medical support order under Section 154.186 on the same terms and conditions as apply to any other dependent child.

(c) The employer shall notify the insurer of the automatic enrollment.

(d) During the 31–day period, the employer and insurer shall complete all necessary forms and procedures to make the enrollment permanent or shall report in accordance with this subchapter the reasons the coverage cannot be made permanent.

 

§154.185. PARENT TO FURNISH INFORMATION

(a) The court shall order a parent providing health insurance to furnish to either the obligee, obligor, or child support agency the following information not later than the 30th day after the date the notice of rendition of the order is received:

(1) the social security number of the parent;

(2) the name and address of the parent's employer;

(3) whether the employer is self–insured or has health insurance available;

(4) proof that health insurance has been provided for the child;

(5) if the employer has health insurance available, the name of the health insurance carrier, the number of the policy, a copy of the policy and schedule of benefits, a health insurance membership card, claim forms, and any other information necessary to submit a claim;  and

(6) if the employer is self–insured, a copy of the schedule of benefits, a membership card, claim forms, and any other information necessary to submit a claim.

(b) The court shall also order a parent providing health insurance to furnish the obligor, obligee, or child support agency with additional information regarding health insurance coverage not later than the 15th day after the date the information is received by the parent.

 

§ 154.186. NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT

(a) The obligee, obligor, or a child support agency of this state or another state may send to the employer a copy of the order requiring an employee to provide health insurance coverage for a child or may include notice of the medical support order in an order or writ of withholding sent to the employer in accordance with Chapter 158.

(b) In an appropriate Title IV–D case, the Title IV–D agency of this state or another state shall send to the employer the national medical support notice required under Part D, Title IV of the federal Social Security Act (42 U.S.C. Section 651 et seq.), as amended. The notice may be used in any other suit in which an obligor is ordered to provide health insurance coverage for a child.

(c) The Title IV–D agency by rule shall establish procedures consistent with federal law for use of the national medical support notice and may prescribe forms for the efficient use of the notice. The agency shall provide the notice and forms, on request, to obligees, obligors, domestic relations offices, friends of the court, and attorneys.

 

§ 154.187. DUTIES OF EMPLOYER

(a) An order or notice under this subchapter to an employer directing that health insurance coverage be provided to a child of an employee or member is binding on a current or subsequent employer on receipt without regard to the date the order was rendered.  If the employee or member is eligible for dependent health coverage for the child, the employer shall immediately enroll the child in a health insurance plan regardless of whether the employee is enrolled in the plan.  If dependent coverage is not available to the employee or member through the employer’s health insurance plan or enrollment cannot be made permanent or if the employer is not responsible or otherwise liable for providing such coverage, the employer shall provide notice to the sender in accordance with Subsection (c).

(b) If additional premiums are incurred as a result of adding the child to the health insurance plan, the employer shall deduct the health insurance premium from the earnings of the employee in accordance with Chapter 158 and apply the amount withheld to payment of the insurance premium.

(c) An employer who has received an order or notice under this subchapter shall provide to the sender, by first class mail not later than the 40th day after the date the employer receives the order or notice, a statement that the child:

(1) has been enrolled in the employer’s health insurance plan or is already enrolled in another health insurance plan in accordance with a previous child support or medical support order to which the employee is subject; or

(2) cannot be enrolled or cannot be enrolled permanently in the employer’s health insurance plan and provide the reason why coverage or permanent coverage cannot be provided.

(d) If the employee ceases employment or if the health insurance coverage lapses, the employer shall provide to the sender, by first class mail not later than the 15th day after the date of the termination of employment or the lapse of the coverage, notice of the termination or lapse and of the availability of any conversion privileges.

(e) On request, the employer shall release to the sender information concerning the available health insurance coverage, including the name of the health insurance carrier, the policy number, a copy of the policy and schedule of benefits, a health insurance membership card, and claim forms.

(f) In this section, “sender” means the person sending the order or notice under Section 154.186.

(g) An employer who fails to enroll a child, fails to withhold or remit premiums or cash medical support, or discriminates in hiring or employment on the basis of a medical support order or notice under this subchapter shall be subject to the penalties and fines in Subchapter C, Chapter 158.

(h) An employer who receives a national medical support notice under Section 154.186 shall comply with the requirements of the notice.

 

§ 154.188. FAILURE TO PROVIDE OR PAY FOR REQUIRED HEALTH INSURANCE

A parent ordered to provide health insurance or to pay the other parent additional child support for the cost of health insurance who fails to do so is liable for:

(1) necessary medical expenses of the child, without regard to whether the expenses would have been paid if health insurance had been provided; and

(2) the cost of health insurance premiums or contributions, if any, paid on behalf of the child.

 

§ 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE COVERAGE

(a) An obligor ordered to provide health insurance coverage for a child must notify the obligee and any child support agency enforcing a support obligation against the obligor of the:

(1) termination or lapse of health insurance coverage for the child not later than the 15th day after the date of a termination or lapse;  and

(2) availability of additional health insurance to the obligor for the child after a termination or lapse of coverage not later than the 15th day after the date the insurance becomes available.

(b) If termination of coverage results from a change of employers, the obligor, the obligee, or the child support agency may send the new employer a copy of the order requiring the employee to provide health insurance for a child or notice of the medical support order as provided by this subchapter.

 

§ 154.190. REENROLLING CHILD FOR INSURANCE COVERAGE

After health insurance has been terminated or has lapsed, an obligor ordered to provide health insurance coverage for the child must enroll the child in a health insurance plan at the next available enrollment period.

 

§ 154.191. REMEDY NOT EXCLUSIVE

(a) This subchapter does not limit the rights of the obligor, obligee, local domestic relations office, or Title IV–D agency to enforce, modify, or clarify the medical support order.

(b) This subchapter does not limit the authority of the court to render or modify a medical support order to provide for payment of uninsured health expenses, health care costs, or health insurance premiums in a manner consistent with this subchapter.

 

§ 154.192. CANCELLATION OR ELIMINATION OF INSURANCE COVERAGE FOR CHILD

(a) Unless the employee or member ceases to be eligible for dependent coverage, or the employer has eliminated dependent health coverage for all of the employer’s employees or members, the employer may not cancel or eliminate coverage of a child enrolled under this subchapter until the employer is provided satisfactory written evidence that:

(1) the court order or administrative order requiring the coverage is no longer in effect;  or

(2) the child is enrolled in comparable health insurance coverage or will be enrolled in comparable coverage that will take effect not later than the effective date of the cancellation or elimination of the employer’s coverage.

 

§ 154.193. MEDICAL SUPPORT ORDER NOT QUALIFIED

(a) If a plan administrator or other person acting in an equivalent position determines that a medical support order issued under this subchapter does not qualify for enforcement under federal law, the tribunal may, on its own motion or the motion of a party, render an order that qualifies for enforcement under federal law.

(b) The procedure for filing a motion for enforcement of a final order applies to a motion under this section. Service of citation is not required, and a person is not entitled to a jury in a proceeding under this section.

(c) The employer or plan administrator is not a necessary party to a proceeding under this section.

 


Title 5. The Parent–Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B. Suits Affecting the Parent-Child Relationship
Chapter 158. Withholding from Earnings for Child Support
Subchapter C. Rights and Duties of Employer


§ 158.210. FINE FOR NONCOMPLIANCE

(a) In addition to the civil remedies provided by this subchapter or any other remedy provided by law, an employer who knowingly violates the provisions of this chapter may be subject to a fine not to exceed $200 for each occurrence in which the employer fails to:

(1) withhold income for child support as instructed in an order or writ issued under this chapter; or

(2) remit withheld income within the time required by Section 158.203 to the payee identified in the order or writ or to the state disbursement unit.

(b) A fine recovered under this section shall be paid to the county in which the obligee resides and shall be used by the county to improve child support services.

 

 State Disbursement Unit

 

FAMILY CODE


Title 5. The Parent–Child Relationship and the Suit Affecting the Parent–Child Relationship
Subtitle D. Administrative Services
Chapter 234. State Case Registry, Disbursement Unit, and Directory of New Hires
Subchapter A. Unified State Case Registry and Disbursement Unit


§ 234.001. ESTABLISHMENT AND OPERATION OF STATE CASE REGISTRY AND STATE DISBURSEMENT UNIT

(a) The Title IV–D agency shall establish and operate a state case registry and state disbursement unit meeting the requirements of 42 U.S.C. Sections 654a(e) and 654b and this subchapter.

(b) The state case registry shall maintain records of child support orders in Title IV–D cases and in other cases in which a child support order has been established or modified in this state on or after October 1, 1998.

(c) The state disbursement unit shall:

(1) receive, maintain, and furnish records of child support payments in Title IV–D cases and other cases as authorized by law;
(2) forward child support payments as authorized by law;
(3) maintain records of child support payments made through the state disbursement unit; and
(4) make available to a local registry each day in a manner determined by the Title IV–D agency the following information:

(A) the cause number of the suit under which withholding is required;
(B) the payor’s name and social security number;
(C) the payee’s name and, if available, social security number;
(D) the date the disbursement unit received the payment;
(E) the amount of the payment; and
(F) the instrument identification information.

(d) A certified child support payment record produced by the state disbursement unit is admissible as evidence of the truth of the information contained in the record and does not require further authentication or verification.

 

Termination of Employment

 

Wage withholding

 

FAMILY CODE


Title 5. The Parent–Child Relationship and the Suit Affecting the Parent–Child Relationship
Subtitle B. Suits Affecting the Parent-Child Relationship
Chapter 158. Withholding from Earnings for Child Support
Subchapter C. Rights and Duties of Employer


§ 158.211.  NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW EMPLOYMENT

(a) If an obligor terminates employment with an employer who has been withholding income, both the obligor and the employer shall notify the court or the Title IV–D agency and the obligee of that fact not later than the seventh day after the date employment terminated and shall provide the obligor's last known address and the name and address of the obligor’s new employer, if known.

(b) The obligor has a continuing duty to inform any subsequent employer of the order or writ of withholding after obtaining employment.

 

Dependent health insurance


Title 5. The Parent–Child Relationship and the Suit Affecting the Parent–Child Relationship
Subtitle B. Suits Affecting the Parent–Child Relationship
Chapter 154. Child Support
Subchapter D. Medical Support for Child


§ 154.187. DUTIES OF EMPLOYER

...
(d) If the employee ceases employment or if the health insurance coverage lapses, the employer shall provide to the sender, by first class mail not later than the 15th day after the date of the termination of employment or the lapse of the coverage, notice of the termination or lapse and of the availability of any conversion privileges.
...