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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 in |
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connection with a claim for child support arrearages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 157, Family Code, is |
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amended by adding Section 157.009 to read as follows: |
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Sec. 157.009. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT |
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OF CHILD SUPPORT: DISABILITY PAYMENTS. (a) This section applies |
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only to an obligor who has a disability and who is required to pay |
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support for a child who receives benefits as a result of the |
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obligor's disability. |
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(b) An obligor may plead as an affirmative defense in whole |
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or in part to a motion for enforcement of child support that the |
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obligor is entitled to an offset against the obligee's claim for |
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child support arrearages and interest in an amount equal to the |
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amount of any benefit payments, including lump-sum benefit |
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payments, made as a result of the obligor's disability to the |
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obligee as the representative payee of the child. |
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(c) The offset permitted under this section may be applied |
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only against arrearages and interest that accrued during the period |
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of the obligor's disability and that are not assigned to the Title |
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IV-D agency under Section 231.104(a). |
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(d) To the extent that this section conflicts with |
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Subchapter F, this section prevails. |
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SECTION 2. Section 157.009, Family Code, as added by this |
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Act, applies to a motion for enforcement of child support that is |
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pending before a trial court on or filed on or after the effective |
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date of this Act. |
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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. |