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Texas Payroll/Personnel Resource

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Mandatory Deductions
Garnishments for Spousal Maintenance

State agencies and institutions of higher education must comply with court orders to garnish an employee’s wages (an employee is any worker of a state agency or institution of higher education) in enforcement of a spousal maintenance order. A spousal maintenance order may be part of a child support garnishment order.

The lesser of $5,000 or 20 percent of the employee’s average monthly gross income may be deducted each month for spousal maintenance. Orders greater than this amount may require verification from the court. Arrearages (money that remains unpaid) may also be withheld in addition to current spousal maintenance and must be defined in the order.

State agencies should not stop or start a spousal maintenance deduction without a court order.

Sources

Texas Family Code, Sections 8.001, 8.054-8.061, 8.101, 8.102(b).