SRC-AAA C.S.S.B. 1556 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1556
By: Ogden
Jurisprudence
4-9-97
Committee Report (Substituted)


DIGEST 

Currently, judges have discretion when determining the amount of child
support to be awarded to a child in divorce situations. The attorney
general's office has determined that social security benefits can be
credited toward child support obligations with or without an agreement
between the parties involved.  This position does not take into account
the obligor parent's other financial assets or income.  This bill provides
that in determining the amount of child support to be paid by an obligor,
the court, when calculating child support benefits, is not required to
include social security benefits paid to or for the child as a result of
the obligor's retirement or disability. 

PURPOSE

As proposed, C.S.S.B. 1556 provides that in determining the amount of
child support to be paid by an obligor, the court, when calculating child
support benefits, is not required to include social security benefits paid
to or for the child as a result of the obligor's retirement or disability. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 154C, Family Code, by adding Section 154.132,
as follows: 

Sec. 154.132. DETERMINATION OF CHILD SUPPORT FOR CHILDREN OF CERTAIN
RETIRED OR DISABLED OBLIGORS.  Provides that in determining the amount of
child support to be paid by an obligor, the court is not required to
include or offset  against the obligor's  child support obligation the
amount  or the value of social security retirement child benefits or
social security disability child benefits paid or payable to the child. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Chapter 154.132, Family Code, to provide that in determining the
amount of child support to be paid by an obligor is not required to
include or offset  against the obligor's child support obligation the
amount or the value of social security retirement child benefits or social
security disability child benefits paid or payable to the child.