BILL ANALYSIS H.B. 2984 By: Phillips Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Three courts of appeals have held that Section 157.262(a), Family Code, prohibits a court from reducing a money judgment for child support arrearages without an express authorization from the legislature. The cases involved lump sum payments received by a child because of the child support obligors disability for which the obligor was denied credit against back child support owed. H.B. 2984 authorizes a lump sum dependent's disability payment made by the Social Security Administration or the Veterans Administration to a child support obligee for the benefit of a child as a result of the obligor's disability to be used by the obligor as a counterclaim or offset to a money judgment for child support arrearages. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 2984 amends the Family Code to authorize a lump sum dependent's disability payment made by the Social Security Administration or the Veterans Administration to a child support obligee for the benefit of a child as a result of the obligor's disability to be used by the obligor as a counterclaim or offset to a money judgment for child support arrearages. The bill removes language providing that a money judgment for arrearages rendered by the court may be subject to a counterclaim or offset. EFFECTIVE DATE September 1, 2009.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2984
By: Phillips
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 2984
By: Phillips
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Three courts of appeals have held that Section 157.262(a), Family Code, prohibits a court from reducing a money judgment for child support arrearages without an express authorization from the legislature. The cases involved lump sum payments received by a child because of the child support obligors disability for which the obligor was denied credit against back child support owed. H.B. 2984 authorizes a lump sum dependent's disability payment made by the Social Security Administration or the Veterans Administration to a child support obligee for the benefit of a child as a result of the obligor's disability to be used by the obligor as a counterclaim or offset to a money judgment for child support arrearages.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 2984 amends the Family Code to authorize a lump sum dependent's disability payment made by the Social Security Administration or the Veterans Administration to a child support obligee for the benefit of a child as a result of the obligor's disability to be used by the obligor as a counterclaim or offset to a money judgment for child support arrearages. The bill removes language providing that a money judgment for arrearages rendered by the court may be subject to a counterclaim or offset.
EFFECTIVE DATE September 1, 2009.
BACKGROUND AND PURPOSE
Three courts of appeals have held that Section 157.262(a), Family Code, prohibits a court from reducing a money judgment for child support arrearages without an express authorization from the legislature. The cases involved lump sum payments received by a child because of the child support obligors disability for which the obligor was denied credit against back child support owed.
H.B. 2984 authorizes a lump sum dependent's disability payment made by the Social Security Administration or the Veterans Administration to a child support obligee for the benefit of a child as a result of the obligor's disability to be used by the obligor as a counterclaim or offset to a money judgment for child support arrearages.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2984 amends the Family Code to authorize a lump sum dependent's disability payment made by the Social Security Administration or the Veterans Administration to a child support obligee for the benefit of a child as a result of the obligor's disability to be used by the obligor as a counterclaim or offset to a money judgment for child support arrearages. The bill removes language providing that a money judgment for arrearages rendered by the court may be subject to a counterclaim or offset.
EFFECTIVE DATE
September 1, 2009.