Whether you obtain your order by way of divorce decree or suit affecting the parent child relationship, § 154.004 of the Texas Family Code states that the court shall order the payment to the State disbursement unit as provided by Chapter 234 of the Family Code. Section 154.007 of the Family Code states as follows:
In a proceeding in which periodic payments are ordered, modified, or enforced, the court or Title IV-D agency shall order that income be withheld from the disposable earnings of the obligor as provided by Chapter 158.
If the court does not order income withholding, an order for support must contain a provision for income withholding to ensure that withholding may be effected if a delinquency occurs.
An order must be construed to contain a withholding provision even if the provision has been omitted from the written order;
If the order was rendered or last modified before January 1, 1987, the order is presumed to contain a provision for income withholding procedures to take effect in the event a delinquency occurs without further amendment to the order or future action by the court.
Remember you can’t learn everything from a website, you should always speak in person with a skilled San Antonio Child Support Attorney. Basically, what this means is that Texas statute mandates that an income withholding order is to be rendered in every case, without exception. This does not necessarily mean that an income withholding order will be served on the obligor’s employer. It does mean that an income withholding order will be available in the courthouse file in every case without requiring a return to court.