Bill Text: TX HB486 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the application of certain disability payments in connection with a claim for child support arrearages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-11 - Withdrawn from schedule [HB486 Detail]
Download: Texas-2011-HB486-Introduced.html
82R2885 JSC-D | ||
By: Dutton | H.B. No. 486 |
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relating to the application of certain disability payments in | ||
connection with a claim for child support arrearages. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 157.009, Family Code, is amended to read | ||
as follows: | ||
Sec. 157.009. AFFIRMATIVE DEFENSE TO MOTION [ |
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ENFORCEMENT [ |
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disability and who is required to pay support for a child who | ||
receives benefits as a result of the obligor's disability. | ||
(b) An [ |
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part to a motion for enforcement of [ |
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obligor is entitled to an offset against the obligee's claim for | ||
child support arrearages and interest. An offset under this | ||
section is an amount [ |
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equal to the amount of any benefit payments, including [ |
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lump-sum benefit payments, made as a result of the obligor's | ||
disability to the obligee as the representative payee of the child. | ||
(c) The offset permitted under this section may [ |
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accrued during the period of the obligor's disability and that are | ||
not assigned to [ |
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Section 231.104(a) [ |
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(d) To the extent that this section conflicts with | ||
Subchapter F, this section prevails. | ||
SECTION 2. (a) Except as provided by Subsection (b) of this | ||
section, Section 157.009, Family Code, as amended by this Act, | ||
applies to a motion for enforcement of child support that is pending | ||
before a trial court on or filed on or after the effective date of | ||
this Act. | ||
(b) A motion for enforcement of child support involving an | ||
obligor who has been awarded a credit under Section 157.009, Family | ||
Code, as that section existed immediately before the effective date | ||
of this Act, is covered by the law as it existed immediately before | ||
that date, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |