CN H.B. 2228 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
H.B. 2228
By: McReynolds
4-24-97
Committee Report (Unamended)


BACKGROUND

Under current Texas law,  Federal money paid directly to the custodial
parent as a result of the non-custodial parent's disability is not
credited against the disabled parent's child support obligation.  This
often has a ruinous financial effect on the disabled parent. 

Consider the following example.  The state guidelines for financial child
support presume 25% of net available resources.  For a person making
$2,000/month, that is $500.  Assume that the child receives a $250.00
Social Security Disability (SSD) payment made directly to the custodial
parent on behalf of the child because of the other parent's disability.
Under the current law, the $250.00 is not credited against the $500.00
child support obligation and the non-custodial parent is, in fact, paying
$750/month toward support. 

PURPOSE

H.B. 2228 requires the court to credit the amount of disability benefits
received by a dependent child of a child-support obligor toward the total
amount of child support owed by the obligor. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 154 of the Family Code by adding
Section 154.132 to require the court to determine the amount of child
support that would be ordered under the guidelines and subtract from that
total the value of any benefits paid to the child as a result of the
obligor's disability. 

SECTION 2.  Effective date:  September 1, 1997;  makes application of the
Act prospective. 

SECTION 3.  Emergency Clause.


CJ H.B. 2228 75(R)