Texas § FA.158.206 - LIABILITY AND OBLIGATION OF EMPLOYER

§ FA.158.206. LIABILITY AND OBLIGATION OF EMPLOYER

LIABILITY AND OBLIGATION OF EMPLOYER; WORKERS' COMPENSATION CLAIMS. (a) An employer receiving an order or a writ of withholding under this chapter, including an order or writ directing that health insurance or dental insurance be provided to a child, who complies with the order or writ is not liable to the obligor for the amount of income withheld and paid as required by the order or writ. (b) An employer receiving an order or writ of withholding who does not comply with the order or writ is liable: (1) to the obligee for the amount not paid in compliance with the order or writ, including the amount the obligor is required to pay for health insurance or dental insurance under Chapter 154 ; (2) to the obligor for: (A) the amount withheld and not paid as required by the order or writ; and (B) an amount equal to the interest that accrues under Section 157.265 on the amount withheld and not paid; and (3) for reasonable and necessary attorney's fees, court costs, and expenses. (c) If an obligor has filed a claim for workers' compensation, the obligor's employer shall send a copy of the income withholding order or writ to the insurance carrier with whom the claim has been filed in order to continue the ordered withholding of income. (d) The court may order the fees, costs, and expenses under Subsection (b)(3) and any postjudgment interest under Subsection (b)(2)(B) to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 4.07, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 911, Sec. 46, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 859, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1580, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 39, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550 ), Sec. 31, eff. September 1, 2018. Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524 ), Sec. 41, eff. September 1, 2025.