SRC-ARR H.B. 2594 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2594
By: Uresti (Madla)
Jurisprudence
5/6/1999
Engrossed


DIGEST 

Currently, Texas law provides a mechanism to collect unpaid child support.
The law, however, does not provide a cost effective mechanism for an
obligor to collect overpaid child support. H.B. 2594 requires an obligee to
return a child support payment to an obligor if the payment is made after
the child support order has terminated. The bill authorizes the obligor to
file a suit to collect the payment in the event that the obligee does not
return it.  

PURPOSE

As proposed, H.B. 2594 requires the collection of child support payments
made after termination of the child support order.  

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 154A, Family Code, by adding Section 154.012, as
follows: 

Sec. 154.012. SUPPORT PAID AFTER TERMINATION OF SUPPORT ORDER. Requires an
obligee to return to an obligor a child support payment made by the obligor
after the date the child support order has terminated, if the obligor is
not in arrears. Authorizes an obligor to file a suit to recover a child
support payment under Subsection (a). Requires the court to order the
obligee to pay to the obligor attorney's fees and all court costs in
addition to the amount of support paid after the date the child support
order terminated, if the court finds that the obligee failed to return a
child support payment under Subsection (a). Authorizes the court to waive
the requirement that the obligee pay attorney's fees and costs if the court
states the reasons supporting that finding.  

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

SECTION 3. Emergency clause.