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Chapter 9

Form 9-7

A motion is filed with the court when withholding is required pursuant to an Income Withholding for Support issued by a court. A request is filed with the title IV-D agency when withholding is required pursuant to an Income Withholding for Support issued by the title IV-D agency.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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.]

Employer’s [Motion/Request] for Hearing on Applicability of Income Withholding for Support

This [motion/request] is brought by [name], Employer, in accordance with section 158.205 of the Texas Family Code, seeking a hearing on the Income Withholding for Support issued in this case on [date] and delivered to Employer on [date].

Employer should not be required to withhold in accordance with the Income Withhold­ing for Support because [specify].

Under section 158.205 of the Texas Family Code, hearing on this [motion/request] shall be held within fifteen days following filing of the [motion/request].

Obligor’s employer:

Address:

   
[Name]
Attorney for [name]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Notice of Hearing

The above [motion/request] is set for hearing on _____________________________ at _____________ __.m. in [designation and location of place of hearing].

SIGNED on ________________________________.

   
Judge or Clerk or Title IV-D Agency       Representative

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for [name]