Texas House Bill HB939

Texas 2009 - 81st Regular

• Out of House Committee: 5/6/09

Caption

Relating to the application of certain disability payments in connection with a claim for child support arrearages.

Impact

The bill amends the Family Code to introduce Section 157.009, detailing the conditions under which disability payments can be considered in child support enforcement cases. By allowing an offset against arrearages that accrued during the obligor's disability, the law seeks to ensure equitable treatment of individuals facing financial difficulties due to their disabling condition. This change could significantly impact families where the obligor's ability to pay is directly affected by their disability, thereby providing some measure of relief in child support enforcement proceedings.

Summary

House Bill 939 focuses on the relationship between disability payments and child support obligations. It specifically provides an affirmative defense for obligors with disabilities who are obligated to pay child support for a child receiving benefits due to the obligor's disability. Under the provisions of the bill, these obligors can claim an offset against child support arrears to reflect any disability benefits that have been paid to the child's representative payee. This mechanism aims to alleviate the financial burden that may arise from overlapping support and disability payments.

Contention

While the bill aims to provide necessary relief in specific cases, it may also be a point of contention among legislators and stakeholders concerned about the implications for child support enforcement. Critics may argue that allowing offsets for disability payments could create loopholes or complications in maintaining child support obligations. The bill’s enforcement measures and the definition of disability payments could lead to differing interpretations, prompting discussions on how to balance the needs of children receiving support with the realities faced by obligors with disabilities.