Texas Family Code – Section 158.206
- 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.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 341, § 4.07, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 911, § 46, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 859, § 2, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 1580, § 1, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 1023, § 39, eff. Sept. 1, 2001.
Texas Family Code – Section 158.213
- 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.
Added by Acts 2003, 78th Leg., ch. 610, § 9, eff. Sept. 1, 2003.
Texas Family Code – Section 158.009
- 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.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 911, § 37, eff. Sept. 1,
1997.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.