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AN ACT
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relating to child support arrearages and a credit based on certain |
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disability payments. |
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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. CREDIT FOR PAYMENT OF DISABILITY BENEFITS. |
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In addition to any other credit or offset available to an obligor |
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under this title, if a child for whom the obligor owes child support |
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receives a lump-sum payment as a result of the obligor's disability |
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and that payment is made to the obligee as the representative payee |
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of the child, the obligor is entitled to a credit. The credit under |
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this section is equal to the amount of the lump-sum payment and |
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shall be applied to any child support arrearage and interest owed by |
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the obligor on behalf of that child at the time the payment is made. |
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SECTION 2. Subsection (f), Section 157.262, Family Code, is |
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amended to read as follows: |
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(f) The money judgment for arrearages rendered by the court |
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may be subject to a counterclaim or offset as provided by this title |
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[subchapter]. |
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SECTION 3. Section 157.009, Family Code, as added by this |
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Act, applies only to a money judgment for child support arrearages |
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that is rendered on or after the effective date of this Act. A money |
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judgment for child support arrearages rendered before the effective |
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date of this Act is governed by the law in effect on the date that |
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the judgment was rendered, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. 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, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1514 passed the Senate on |
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April 16, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1514 passed the House on |
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May 26, 2009, by the following vote: Yeas 145, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |