82R2885 JSC-D
 
  By: Dutton H.B. No. 486
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application of certain disability payments in
  connection with a claim for child support arrearages.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 157.009, Family Code, is amended to read
  as follows:
         Sec. 157.009.  AFFIRMATIVE DEFENSE TO MOTION [CREDIT] FOR
  ENFORCEMENT [PAYMENT] OF CHILD SUPPORT: DISABILITY PAYMENTS
  [BENEFITS]. (a) This section applies only to 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.
         (b)  An [In addition to any other credit or offset available
  to an] obligor may plead as an affirmative defense in whole or in
  part to a motion for enforcement of [under this title, if a child
  for whom the obligor owes] child support that [receives a lump-sum
  payment as a result of the obligor's disability and that payment is
  made to the obligee as the representative payee of the child,] the
  obligor is entitled to an offset against the obligee's claim for
  child support arrearages and interest. An offset under this
  section is an amount [a credit. The credit under this section is]
  equal to the amount of any benefit payments, including [the]
  lump-sum benefit payments, made as a result of the obligor's
  disability to the obligee as the representative payee of the child.
         (c)  The offset permitted under this section may [payment and
  shall] be applied only against arrearages [to any child support
  arrearage] and interest [owed by the obligor on behalf of] that
  accrued during the period of the obligor's disability and that are
  not assigned to [child at the time] the Title IV-D agency under
  Section 231.104(a) [payment is made].
         (d)  To the extent that this section conflicts with
  Subchapter F, this section prevails.
         SECTION 2.  (a) Except as provided by Subsection (b) of this
  section, Section 157.009, Family Code, as amended by this Act,
  applies to a motion for enforcement of child support that is pending
  before a trial court on or filed on or after the effective date of
  this Act.
         (b)  A motion for enforcement of child support involving an
  obligor who has been awarded a credit under Section 157.009, Family
  Code, as that section existed immediately before the effective date
  of this Act, is covered by the law as it existed immediately before
  that date, 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, 2011.