In almost any case where child support is ordered, the court will also sign an employer’s withholding order. The withholding order is an order sent by the court to the party’s employer which requires the employer to withhold the child support from the employer’s paycheck. The employer is required to withhold up to 50% of the employee’s paycheck to satisfy the current child support obligation.
If an employee has also been ordered to pay back child support (child support arrears) then the withholding order can also require that the back support also be withheld.
If an employer receives a withholding order and fails to withhold the ordered amounts then the employer may face serious consequences. Texas Family Code 158.206 can make the employer itself responsible for the support not withheld, interest on that amount, and attorney and court fees to acquire the funds. Texas Family Code 158.210(a) allows an employer to be fined up to $200 for each time that the employer failed to withhold child support.
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