Texas Workers’ Compensation Law and Withholding of Benefits Under the Texas Family Code

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.

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.

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