HLS 19RS-470 ORIGINAL
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 7
BY REPRESENTATIVE COX
VETERANS: Memorializes congress to authorize the garnishment of veterans' disability
benefits to fulfill child support obligations
1 A CONCURRENT RESOL UTION
2To memorialize the United States Congress to take such actions as are necessary to authorize
3 the garnishment of veterans' disability benefits to fulfill child support obligations.
4 WHEREAS, Civil Code Article 224 provides that parents are obligated to support,
5maintain, and educate their child, and the obligation to educate a child continues after
6minority as provided by law; and
7 WHEREAS, 5 CFR Part 581, Subpart A provides which moneys received by a
8civilian employee for services rendered to a governmental entity are subject to garnishment
9for the purpose of enforcing the legal obligations of obligors to provide child support; and
10 WHEREAS, pursuant to 42 U.S.C. 659, the United States consents to the withholding
11and garnishing of income of an individual for the enforcement of the individual's child
12support and alimony obligations; and
13 WHEREAS, 42 U.S.C. 659 further provides that the federal government will allow
14under certain circumstances the garnishment of service-connected disability compensation
15paid by the Secretary of Veterans Affairs to former members of the armed forces for the
16purpose of enforcing child support and alimony obligations; and
17 WHEREAS, in Rose v. Rose, 481 US 619 (1987), the Supreme Court held that not
18only could a state consider the amount of disability benefits received by a veteran in setting
19the amount of child support, but also, once a child support obligation had been created, the
20veteran's disability benefits could be used to satisfy that obligation; and
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HCR NO. 7
1 WHEREAS, in the same case, Justice Marshall, quoting the legislative record,
2describes the purpose of veterans' disability benefits as compensation for impaired earning
3capacity and "to provide reasonable and adequate compensation for disabled veterans and
4their families"; and
5 WHEREAS, as of February 2019, the current total for child support arrears in
6Louisiana is $1,923,958,949.00 and less than one percent of that amount has been collected;
7and
8 WHEREAS, adequate child support is vital to the well-being of children and families
9in our state.
10 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
11memorialize the United States Congress to take such actions as are necessary to authorize
12the garnishment of veterans' disability benefits to fulfill child support obligations.
13 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
14presiding officers of the Senate and the House of Representatives of the Congress of the
15United States of America and to each member of the Louisiana congressional delegation.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 7 Original 2019 Regular Session Cox
Memorializes the United States Congress to take such actions as are necessary to authorize
the garnishment of veterans' disability benefits to fulfill child support obligations.
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