Texas House Bill HB2984

Texas 2009 - 81st Regular

• Out of House Committee: 4/30/09

Caption

Relating to child support arrearages and a counterclaim or offset based on certain disability payments.

Impact

The bill impacts state laws regarding family and child support provisions, specifically modifying how arrearages can be contested in court. By recognizing disability payments as a valid form of offset, the law promotes a more equitable approach to child support disputes concerning individuals with disabilities. This is expected to offer some protection and financial relief for obligors who might be struggling financially because of their disability status, ultimately making the child support system more accommodating and responsive to the realities of such situations.

Summary

House Bill 2984 addresses the issue of child support arrearages by allowing an obligor to use certain lump sum disability payments as a counterclaim or offset against court-ordered child support payments. Specifically, it amends Section 157.262(f) of the Family Code, enabling those who receive dependent's disability payments from the Social Security Administration or Veterans Administration to leverage these payments as a legal means to address outstanding child support obligations. This legislative change aims to provide relief for obligors who may face financial burdens due to disabilities.

Contention

While the bill has elements that may be welcomed by disability advocates and those representing obligors who struggle to meet their child support obligations due to disabilities, it might also raise concerns among child support advocates who fear that allowing such offsets could undermine the financial support intended for children. Some may argue that the bill could create a loophole that obligors might exploit to evade their responsibilities. The balance of ensuring fair support for children while recognizing the challenges faced by obligors with disabilities will likely be a point of contention during discussions surrounding this bill.