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A BILL TO BE ENTITLED
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AN ACT
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relating to a credit against arrearages for child support payments |
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made by the obligor directly to the obligee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 157, Family Code, is |
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amended by adding Section 157.2631 to read as follows: |
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Sec. 157.2631. CREDIT FOR DIRECT PAYMENTS. (a) In this |
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section, "direct payment" means a child support payment that is not |
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made through the state disbursement unit or another similar |
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intermediary, but instead is made by the obligor directly to the |
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obligee. |
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(b) In confirming the amount of child support arrearages and |
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rendering a cumulative money judgment under this subchapter, the |
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court shall grant a credit to the obligor equal to the amount of any |
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direct payments made by the obligor and acknowledged by the obligee |
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in an affidavit executed by the obligee and filed with the court. |
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(c) This section is not intended to alter the requirement |
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prescribed by Section 154.004 that the court order the payment of |
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child support to the state disbursement unit as provided by Chapter |
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234. |
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SECTION 2. Section 157.2631, Family Code, as added by this |
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Act, applies to a judgment rendered on or after the effective date |
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of this Act. A judgment rendered before the effective date of this |
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Act is governed by the law in effect at the time the judgment was |
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rendered, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |