HBA-AMW H.B. 2550 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2550
By: Uher
Juvenile Justice & Family Issues
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the amount of child support that a person is required to
pay is determined by guidelines that designate a certain percentage based
on the obligor's monthly net resources.  The social security old age
benefits that an obligor and the child receive are not considered by the
court when determining the amount of a child support order.  House Bill
2550 requires the court, when determining the amount of the child support
order, to apply the child support guidelines by determining the amount of
child support and subtracting from that total the amount of benefits paid
to or for the child as a result of the obligor's receipt of social security
benefits. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2550 amends the Family Code to require the court, in applying
the child support guidelines for an obligor who is receiving social
security old age benefits (social security benefits) and who is required to
pay support for a child who receives benefits as a result of the obligor's
receipt of social security benefits, to apply the guidelines by determining
the amount of child support that would be ordered under the guidelines and
subtracting from that total the amount of benefits or the value of the
benefits paid to or for the child as a result of the obligor's receipt of
social security benefits. 

The bill provides that a change in law made by the Act does not by itself
constitute a material and substantial change of circumstances sufficient in
and of itself to warrant modification of a court order or a portion of a
decree that provides for the support of a child rendered before September
1, 2001. 

EFFECTIVE DATE

September 1, 2001.