This form may be used to enforce a withholding order or writ against an employer under Tex. Fam. Code § 158.206 when the employer is alleged to have failed to withhold or to have withheld but not remitted.
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order to Appear
[Motion to Enforce Withholding from Earnings]
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For “a motion for enforcement of an existing order providing for child support,” the court may order the respondent to appear on a date not sooner than ten days from the date of service. Tex. Fam. Code § 157.062(c). This suit may not qualify as such a motion, however. If the employer is entitled to citation and the normal time to file an answer, a citation should be used in addition to notice of hearing, and the hearing shall be held no sooner than 10:00 a.m. of the first Monday after the twentieth day after the date of service. Tex. Fam. Code § 157.062(d). |
IT IS ORDERED that the hearing on Motion to Enforce Withholding from Earnings is set before the Court at [time] on [date].
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Use the following paragraph if the hearing will be only in-person. |
All participants, including Employer, [name], are ORDERED to appear on the date and at the time set for the hearing physically in the courtroom of this Court at [address, city], Texas. Participants may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]].
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Use the following paragraph if the hearing will be only remote. |
All participants, including Employer, [name], are ORDERED to appear on the date and at the time set for the hearing by [state method, e.g., Zoom, telephone] using the following information: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. Participants may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]]. Any participant who cannot participate by the electronic means set forth in this notice, has a technological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.
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Use the following paragraph if the hearing will be both in-person and remote. |
All participants, [including/except] Employer, [name], are ORDERED to appear on the date and at the time set for the hearing either physically in the courtroom of this Court at [address, city], Texas, or by [state method, e.g., Zoom, telephone] using the following information: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. [Include if applicable: Employer is ORDERED to appear on the date and at the time set for the hearing physically in the courtroom.] Participants may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]]. Any participant who cannot appear physically in the courtroom and who cannot participate by the electronic means set forth in this notice, has a technological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.
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Continue with the following. |
Failure to appear as directed may result in sanctions being entered, up to and including default judgment or dismissal of claims.
Instructions for submitting evidence: [See the Court’s instructions attached to this order./See the Court’s instructions available at [specify where the court publishes this information].]
Additional instructions for participating in the hearing: [None/See the Court’s instructions attached to this order./See the Court’s instructions available at [specify where the court publishes this information].]
The purpose of this hearing is to determine whether the relief requested in the Motion to Enforce Withholding from Earnings should be granted.
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Include the following if applicable. |
The Court ORDERS Employer to comply with the request for production contained in paragraph [number] of the Motion to Enforce Withholding from Earnings by producing at the offices of [name and address of attorney] on or before [time] on the fiftieth day following the date of service of the motion, to be inspected, sampled, photographed, tested, or copied, the originals or true copies of the following documents in Employer’s possession, custody, or control: all payroll records, including stubs, vouchers, and records of commissions, and all other written records or evidence of disposable earnings owed or paid to [name], Social Security number [number], since [date].
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Continue with the following. |
SIGNED on ________________________________.
JUDGE PRESIDING