80R910 KKA-D
 
  By: Corte H.B. No. 983
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain disability payments to a
child who is the subject of a child support order.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 154.132, Family Code, is amended to read
as follows:
       Sec. 154.132.  APPLICATION OF GUIDELINES TO CHILDREN OF
CERTAIN DISABLED OBLIGORS.  (a) In applying the child support
guidelines for an obligor who has a disability and who is required
to pay support for a child who receives benefits as a result of the
obligor's disability, the court shall apply the guidelines by
determining the amount of child support that would be ordered under
the child support 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 disability.
       (b)  In addition to the adjustment described by Subsection
(a), if the child receiving benefits also receives a lump-sum
payment as a result of the obligor's disability, the obligor is
entitled to a credit equal to the amount of the lump-sum payment
against any child support arrearage and interest owed by the
obligor on behalf of that child at the time the lump-sum payment is
made to the child. To the extent of any conflict between this
subsection and Subchapter F, Chapter 157, this subsection prevails.
       SECTION 2.  Section 154.132(b), Family Code, as added by
this Act, applies only to a money judgment for child support
arrearages that is rendered on or after the effective date of this
Act. A money judgment for child support arrearages rendered before
that date is governed by the law in effect on the date that the
judgment was rendered, and the former law is continued in effect for
that purpose.
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.