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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of certain disability payments in |
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connection with a claim for child support arrearages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 157.009, Family Code, is amended to read |
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as follows: |
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Sec. 157.009. AFFIRMATIVE DEFENSE TO MOTION [CREDIT] FOR |
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ENFORCEMENT [PAYMENT] OF CHILD SUPPORT: DISABILITY PAYMENTS |
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[BENEFITS]. (a) This section applies only to an obligor who has a |
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disability and who is required to pay support for a child who |
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receives benefits as a result of the obligor's disability. |
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(b) An [In addition to any other credit or offset available
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to an] obligor may plead as an affirmative defense in whole or in |
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part to a motion for enforcement of [under this title, if a child
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for whom the obligor owes] child support that [receives a lump-sum
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payment as a result of the obligor's disability and that payment is
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made to the obligee as the representative payee of the child,] the |
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obligor is entitled to an offset against the obligee's claim for |
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child support arrearages and interest. An offset under this |
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section is an amount [a credit. The credit under this section is] |
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equal to the amount of any benefit payments, including [the] |
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lump-sum benefit payments, made as a result of the obligor's |
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disability to the obligee as the representative payee of the child. |
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(c) The offset permitted under this section may [payment and
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shall] be applied only against arrearages [to any child support
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arrearage] and interest [owed by the obligor on behalf of] that |
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accrued during the period of the obligor's disability and that are |
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not assigned to [child at the time] the Title IV-D agency under |
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Section 231.104(a) [payment is made]. |
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(d) To the extent that this section conflicts with |
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Subchapter F, this section prevails. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, Section 157.009, Family Code, as amended by this Act, |
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applies to a motion for enforcement of child support that is pending |
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before a trial court on or filed on or after the effective date of |
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this Act. |
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(b) A motion for enforcement of child support involving an |
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obligor who has been awarded a credit under Section 157.009, Family |
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Code, as that section existed immediately before the effective date |
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of this Act, is covered by the law as it existed immediately before |
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that date, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |