| 1 | 1 | | 81R638 KKA-D |
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| 2 | 2 | | By: Dutton H.B. No. 939 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the application of certain disability payments in |
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| 8 | 8 | | connection with a claim for child support arrearages. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 157, Family Code, is |
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| 11 | 11 | | amended by adding Section 157.009 to read as follows: |
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| 12 | 12 | | Sec. 157.009. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT |
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| 13 | 13 | | OF CHILD SUPPORT: DISABILITY PAYMENTS. (a) This section applies |
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| 14 | 14 | | only to an obligor who has a disability and who is required to pay |
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| 15 | 15 | | support for a child who receives benefits as a result of the |
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| 16 | 16 | | obligor's disability. |
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| 17 | 17 | | (b) An obligor may plead as an affirmative defense in whole |
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| 18 | 18 | | or in part to a motion for enforcement of child support that the |
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| 19 | 19 | | obligor is entitled to an offset against the obligee's claim for |
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| 20 | 20 | | child support arrearages and interest. An offset under this |
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| 21 | 21 | | section is an amount equal to the amount of any benefit payments, |
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| 22 | 22 | | including lump-sum benefit payments, made as a result of the |
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| 23 | 23 | | obligor's disability to the obligee as the representative payee of |
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| 24 | 24 | | the child. |
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| 25 | 25 | | (c) The offset permitted under this section may be applied |
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| 26 | 26 | | only against arrearages and interest that accrued during the period |
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| 27 | 27 | | of the obligor's disability and that are not assigned to the Title |
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| 28 | 28 | | IV-D agency under Section 231.104(a). |
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| 29 | 29 | | (d) To the extent that this section conflicts with |
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| 30 | 30 | | Subchapter F, this section prevails. |
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| 31 | 31 | | SECTION 2. Section 157.009, Family Code, as added by this |
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| 32 | 32 | | Act, applies to a motion for enforcement of child support that is |
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| 33 | 33 | | pending before a trial court on or filed on or after the effective |
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| 34 | 34 | | date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2009. |
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