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Glenn Hegar  ·  Texas Comptroller of Public Accounts

Mandatory Deductions
Garnishments for Spousal Maintenance

State agencies and institutions of higher education must comply with court orders to garnish an employee’s wages 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 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.

To learn more about this payroll deduction, see Chapter 9 “Deductions” of the USPS Process Guide or the SPRS Deduction Code Table.

Definitions

Employee
Any worker of a state agency or institution of higher education.
Maintenance order
An award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.
Arrearages
Money that remains unpaid.

Sources

Texas Family Code, Sections 8.001, 8.054 – 8.061, 8.101, 8.102(b) (Vernon 2012).

Document Changes

Revision Date Revision Description
03/19/2013 Updated to reflect legislative changes enacted by the 82nd legislature, which changed the maximum withholding amount allowed.
Glenn Hegar
Texas Comptroller of Public Accounts
Questions? Contact statewide.accounting@cpa.texas.gov
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