SRC-DPW H.B. 2059 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2059
76R7154 JMM-DBy: Uher (Brown)
Jurisprudence
5/11/1999
Engrossed


DIGEST 

Currently, the Family Code sets out guidelines for courts to apply when
determining the amount of child support a non-custodial parent, the
obligor, is required to pay.  These guidelines do not take into
consideration disability payments that a child may receive as a result of
an obligor's disability.  This bill would require a court to subtract the
amount that a child receives in disability benefits from the amount of the
obligor's support obligation. 

PURPOSE

As proposed, H.B. 2059 establishes the method for determining the amount of
child support a disabled obligor is required to pay. 

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. APPLICATION OF GUIDELINES TO CHILDREN OF CERTAIN DISABLED
OBLIGORS. Requires the district court, juvenile court having the same
jurisdiction as a district court, or other court expressly given
jurisdiction of a suit affecting the parent-child relationship (court) to
apply child support guidelines for 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, by determining the amount of child support that
would be ordered under the child support guidelines and subtracting the
amount of benefits or the value of the benefits paid to or for the child as
a result of the obligor's disability. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.