Texas Codes

Tex. Fam. Code § 8.101 (2026)

Income Withholding; General Rule

✓ current as of May 2026

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Sec. 8.101. INCOME WITHHOLDING; GENERAL RULE. (a) In a proceeding in which periodic payments of spousal maintenance are ordered, modified, or enforced, the court may order that income be withheld from the disposable earnings of the obligor as provided by this chapter.

(a-1) The court may order that income be withheld from the disposable earnings of the obligor in a proceeding in which there is an agreement for periodic payments of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court.

(a-2) The court may not order that income be withheld from the disposable earnings of the obligor to the extent that any provision of an agreed order for maintenance exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter.

(b) This subchapter does not apply to contractual alimony or spousal maintenance, regardless of whether the alimony or maintenance is taxable, unless:

(1) the contract specifically permits income withholding; or

(2) the alimony or maintenance payments are not timely made under the terms of the contract.

(c) An order or writ of withholding for spousal maintenance may be combined with an order or writ of withholding for child support only if the obligee has been appointed managing conservator of the child for whom the child support is owed and is the conservator with whom the child primarily resides.

(d) An order or writ of withholding that combines withholding for spousal maintenance and child support must:

(1) require that the withheld amounts be paid to the appropriate place of payment under Section 154.004;

(2) be in the form prescribed by the Title IV-D agency under Section 158.106;

(3) clearly indicate the amounts withheld that are to be applied to current spousal maintenance and to any maintenance arrearages; and

(4) subject to the maximum withholding allowed under Section 8.106, order that withheld income be applied in the following order of priority:

(A) current child support;

(B) current spousal maintenance;

(D) spousal maintenance arrearages.

(e) Garnishment for the purposes of spousal maintenance does not apply to unemployment insurance benefit payments.

Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 4, eff. September 1, 2013.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2010–2022 · leading case: Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018).

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Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018). · cites it 6× “" TEX. FAM. CODE § 8.101(a-2) (emphases added).”

Renee Sheree O'Carolan v. Gary D. Hopper, 414 S.W.3d 288 (Tex. App. 2013). “2d at 288 (discussing motions for contempt and for reducing arrearage to judgment); see also Tex. Fam.Code Ann. § 8.101(a) (West 2006) (providing that court may order income withholding “[i]n a proceeding in which periodic payments of spousal maintenance are ordered, modified,…”

Kenneth Ray Waldrop v. Teresa Waldrop, 552 S.W.3d 396 (Tex. App. 2018). “” Tex. Fam. Code Ann. § 8.101 (a-1), (a-2) (West Supp.”

Kee v. Kee, 307 S.W.3d 812 (Tex. App. 2010). “See Tex. Fam.Code Ann. § 8.101. At the hearing on the motion to abate the writ of withholding income for alimony, the trial court determined that the alimony payments under the divorce decree were not ordered pursuant to chapter eight.”

Bart Dalton v. Carol Dalton (Tex. 2018). · cites it 3× “” TEX. FAM. CODE § 8.101(a-2) (emphases added).”

in the Matter of the Marriage of Robert Lyall Martz & Amy Gonzalez Martz (Tex. App. 2022). · cites it 3× “See Tex. Fam. Code Ann. § 8.101 . Whether a trial court may order income withholding for spousal maintenance is a question of law that we review de novo.”

Bart Dalton v. Carol Dalton (Tex. App. 2017). · cites it 2× “Texas Family Code Section 8.101(a) permits income withholding in a proceeding in which periodic payments of spousal maintenance are ordered or enforced.”

Miguel Angel Pappolla v. Marcia Juliet Simovich (Tex. App. 2013). · cites it 3× “Pappolla contends on appeal that the trial court erred by signing the January 13 wage withholding order because (1) the contractual alimony to which he agreed is not subject to wage withholding under Texas Family Code, section 8.”

Renee Sheree O'Carolan v. Gary D. Hopper (Tex. App. 2013). “2d at 288 (discussing motions for contempt and for reducing arrearage to judgment); see also Tex. Fam. Code Ann. § 8.101 (a) (West 2006) (providing that court may order income withholding “[i]n a proceeding in which periodic payments of spousal maintenance are ordered, modified,…”

— Tex. Fam. Code § 8.101(a) — 4 cases

Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018). “" TEX. FAM. CODE § 8.101(a-2) (emphases added).”

Bart Dalton v. Carol Dalton (Tex. App. 2017). “Texas Family Code Section 8.101(a) permits income withholding in a proceeding in which periodic payments of spousal maintenance are ordered or enforced.”

Bart Dalton v. Carol Dalton (Tex. 2018). “” TEX. FAM. CODE § 8.101(a-2) (emphases added).”

— Tex. Fam. Code § 8.101(b)(1) — 2 cases

Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018). “" TEX. FAM. CODE § 8.101(a-2) (emphases added).”

Bart Dalton v. Carol Dalton (Tex. 2018). “” TEX. FAM. CODE § 8.101(a-2) (emphases added).”

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