Texas Employers Order to Withhold Earnings For Child Support Form
If a court in the State of Texas decides that a spouse is required to pay for child support after the divorce, the Employers Order to Withhold From Earnings can be used to deduct the set amount.
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© Texas Partnership for Legal Access Order to Withhold Child Support, Aug. 2009 Page 1 of 3 Texas Family Code, Chapter 158 (C) Fill out below exactly as it appears on your Petition. Cause No: In the Matter of the Marriage of: ________________________________________ and ________________________________________ A ND /O R In the interest of (List children under 18 ): 1 Name: 2 Name: 3 Name: 4 Name: 5 Name: § § § § § § In the (check one): District County Court of: County ,Texa s 6 Name: O RDER TO EMPLOYER TO W ITHHOLD SUPPORT 1. EMPLOYEE The Court orders you, the Employer, to withhold income from the paycheck of (name of Employee, person paying child support ): First Name Middle Name Last Name Social Security No. Street address City State Zip 2. R ECIPIENT The State will send the income you withhold to (name of person receiving child support ) First Name Middle Name Last Name Street address City State Zip 3. P AYMENT INFORMATION You must withhold the amount on page 2 of this form starting next pay pe\ riod. Mail the amount withheld to: Texas State Disbursement Unit , P.O. Box 659791, San Antonio, TX 78265-9791 Also include: Employee’s name and SSN (above) Court case number (see the top right corner of this page) Amount withheld and the first and last date of the pay period Name of recipient (above) If your case has a Child Support or Spousal Support Order, fill out this\ form. This Order is (check one): New Updated © Texas Partnership for Legal Access Order to Withhold Child Support, Aug. 2009 Page 2 of 3 Texas Family Code, Chapter 158 (C) 4. A MOUNT TO W ITHHOLD The employee is ordered to pay the following amounts: $_____ /month child support $_____ /month medical support $_____ /month spousal support $_____ /month arrearage MONTHLY TOTAL = $_____ The Court ORDERS you to withhold the follo wing amounts from the employee’s earnings: $ if paid monthly $ if paid twice monthly (= monthly amount ÷ 2) $ if paid every other week (= monthly amount x 12, ÷ 26 ) $ if paid weekly (= monthly amount x 12, ÷ 52 ) When one child under this order no longer requires child support, you are ordere\ d to withhold the following amounts from the employee’s earnings: $ if paid monthly $ if paid twice monthly $ if paid every other week $ if paid weekly When two children under this order no longer require child support, you are orde\ red to withhold the following amounts from the employee’s earnings: $_____ if paid monthly $_____ if paid twice monthly $_____ if paid every other week $_____ if paid weekly When three children under this order no longer require child support, you are orde\ red to withhold the following amounts from the employee’s earnings: $_____ if paid monthly $_____ if paid twice monthly $_____ if paid every other week $_____ if paid weekly When four children under this order no longer require child support, you are orde\ red to withhold the following amounts from the employee’s earnings: $_____ if paid monthly $_____ if paid twice monthly $_____ if paid every other week $_____ if paid weekly When five children under this order no longer require child support, you are orde\ red to withhold the following amounts from the employee’s earnings: $_____ if paid monthly $_____ if paid twice monthly $_____ if paid every other week $_____ if paid weekly Date of Judgment Judge’s signature © Texas Partnership for Legal Access Order to Withhold Child Support, Aug. 2009 Page 3 of 3 Texas Family Code, Chapter 158 (C) — Information for Employer — Do I have to withhold money from the employee’s paycheck? Yes. This is a Court Order. You must obey the instructions on page 1 of this form. It is against the law to discriminate against an employee because of an Order to Withhold Child Support. Warning! If you discriminate against an employee because of a Withholding Order, you can be fined. How long do I have to withhold? You must withhold earnings until: The child turns 18 and you receive a notice of the child’s graduation or completion of attendance requirements , or The child marries, dies, or is emancipated by court order, or The child’s parents marry each other and live with the child, or The court changes this Order. What if one of the children no longer needs support? You may reduce withholding when one of the children no longer needs support. See the withholding schedule on page 2. What if the employee stops working for me? You must notify the Court and the Recipient within 7 days of the employee’s last day of work. You must also give the court this information: Employee’s name and case # Employee’s last known address Date of Employee’s last day of work Name and address of the new employer (if you know it). What if there is more than one Order to withhold for this employee? You must give priority to this Order. But, you may also withhold for other orders if the total withholding is not more than 50% of the employee ’ s net income. Caution: You must make a separate withholding payment for each Order. What if the support amount is more than 50% of this employee’s income? You cannot withhold more than 50% of the employee’s net income . The law says you must do your best to honor all Notices and Orders you receive. If you have questions, contact your local Child Support Office. Their phone number, email and address are listed at: www.oag.state.tx.us/agency/contacts.shtml Can I withhold a lower amount of monthly support than the Order says? Sometimes. If the monthly support ordered is more than 50% of the employee’s net monthly income, only withhold 50% of the net monthly income. Can I submit the withheld amount online? Yes. The State of Texas has an easy way for employers to make withholding payments online. This site can also answer many of your questions. https://portal.cs.oag.state.tx.us/wps/portal/Emplo yerHome What is included in employee earnings? Employee earnings include wages, salary, subcontractor pay, overtime pay, commission, bonus, pension payment, disability, retirement income, and any other income from this job. Where can I learn more about child support laws? To read the child support laws, look for Texas Family Code, Chapter 158 (C) on the Internet. What if I have questions? Contact the State Child Enforcement Agency online: www.oag.state.tx.us/agency/contacts.shtml.
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