81R638 KKA-D
By: Dutton H.B. No. 939
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain disability payments in
connection with a claim for child support arrearages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 157, Family Code, is
amended by adding Section 157.009 to read as follows:
Sec. 157.009. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT
OF CHILD SUPPORT: DISABILITY PAYMENTS. (a) This section applies
only to an obligor who has a disability and who is required to pay
support for a child who receives benefits as a result of the
obligor's disability.
(b) An obligor may plead as an affirmative defense in whole
or in part to a motion for enforcement of child support that the
obligor is entitled to an offset against the obligee's claim for
child support arrearages and interest. An offset under this
section is an amount equal to the amount of any benefit payments,
including lump-sum benefit payments, made as a result of the
obligor's disability to the obligee as the representative payee of
the child.
(c) The offset permitted under this section may be applied
only against arrearages and interest that accrued during the period
of the obligor's disability and that are not assigned to the Title
IV-D agency under Section 231.104(a).
(d) To the extent that this section conflicts with
Subchapter F, this section prevails.
SECTION 2. Section 157.009, Family Code, as added by this
Act, applies to a motion for enforcement of child support that is
pending before a trial court on or filed on or after the effective
date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.