ENROLLED
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 7
BY REPRESENTATIVE COX
A CONCURRENT RESOL UTION
To memorialize the United States Congress to take such actions as are necessary to authorize
the garnishment of veterans' disability benefits to fulfill child support obligations.
WHEREAS, Civil Code Article 224 provides that parents are obligated to support,
maintain, and educate their child, and the obligation to educate a child continues after
minority as provided by law; and
WHEREAS, 5 CFR Part 581, Subpart A provides which moneys received by a
civilian employee for services rendered to a governmental entity are subject to garnishment
for the purpose of enforcing the legal obligations of obligors to provide child support; and
WHEREAS, pursuant to 42 U.S.C. 659, the United States consents to the withholding
and garnishing of income of an individual for the enforcement of the individual's child
support and alimony obligations; and
WHEREAS, 42 U.S.C. 659 further provides that the federal government will allow
under certain circumstances the garnishment of service-connected disability compensation
paid by the Secretary of Veterans Affairs to former members of the armed forces for the
purpose of enforcing child support and alimony obligations; and
WHEREAS, in Rose v. Rose, 481 US 619 (1987), the Supreme Court held that not
only could a state consider the amount of disability benefits received by a veteran in setting
the amount of child support, but also, once a child support obligation had been created, the
veteran's disability benefits could be used to satisfy that obligation; and
WHEREAS, in the same case, Justice Marshall, quoting the legislative record,
describes the purpose of veterans' disability benefits as compensation for impaired earning
capacity and "to provide reasonable and adequate compensation for disabled veterans and
their families"; and
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WHEREAS, as of February 2019, the current total for child support arrears in
Louisiana is $1,923,958,949.00 and less than one percent of that amount has been collected;
and
WHEREAS, adequate child support is vital to the well-being of children and families
in our state.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
memorialize the United States Congress to take such actions as are necessary to authorize
the garnishment of veterans' disability benefits to fulfill child support obligations.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
presiding officers of the Senate and the House of Representatives of the Congress of the
United States of America and to each member of the Louisiana congressional delegation.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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