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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of certain disability payments to a |
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child who is the subject of a child support order. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.132, Family Code, is amended to read |
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as follows: |
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Sec. 154.132. APPLICATION OF GUIDELINES TO CHILDREN OF |
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CERTAIN DISABLED OBLIGORS. (a) In applying the child support |
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guidelines for an obligor who has a disability and who is required |
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to pay support for a child who receives benefits as a result of the |
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obligor's disability, the court shall apply the guidelines by |
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determining the amount of child support that would be ordered under |
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the child support guidelines and subtracting from that total the |
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amount of benefits or the value of the benefits paid to or for the |
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child as a result of the obligor's disability. |
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(b) In addition to the adjustment described by Subsection |
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(a), if the child receiving benefits also receives a lump-sum |
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payment as a result of the obligor's disability, the obligor is |
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entitled to a credit equal to the amount of the lump-sum payment |
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against any child support arrearage and interest owed by the |
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obligor on behalf of that child at the time the lump-sum payment is |
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made to the child. To the extent of any conflict between this |
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subsection and Subchapter F, Chapter 157, this subsection prevails. |
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SECTION 2. Section 154.132(b), Family Code, as added by |
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this Act, applies only to a money judgment for child support |
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arrearages that is rendered on or after the effective date of this |
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Act. A money judgment for child support arrearages rendered before |
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that date is governed by the law in effect on the date that the |
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judgment was rendered, and the former law is continued in effect for |
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that 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. |