HBA-BSM C.S.H.B. 2838 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2838 By: Dukes Juvenile Justice & Family Issues 4/16/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE A parent who has been ordered to pay child support may sometimes pay an additional sum of money along with a monthly child support payment. The obligor may intend the money as a gift or a payment toward future child support, or add to the payment for a different reason altogether. Current law is unclear on how sums paid in excess of the court ordered child support should be handled by the child support agency (agency) or local child support registry (registry). C.S.H.B. 2838 requires the agency or registry to handle sums paid in addition to the court ordered child support by the obligor in the manner intended by the obligor, and in cases in which the intention is not specified the agency or registry are required to credit payments towards future child support payments. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2838 amends the Family Code to require a child support agency (agency) or local child support registry (registry) that receives a payment from an obligor who is not in arrears with child support to give effect when possible to any expressed intent of the obligor for the application of the amount that exceeds the court-ordered amount. The bill provides that if the obligor does not express an intent for the application of the amount paid in excess of the court-ordered amount, the agency or registry is required to credit the excess amount to the obligor's future child support obligation and promptly disperse the excess amount to the obligee. The bill is not applicable to an obligee who is a recipient of financial assistance. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2838 differs from the original by replacing attorney general with child support agency or child support registry that the obligor pays child support payments to. The substitute also differs from the original by providing that payments above the court-ordered amount are required to be used as credit towards the next child support payment if the obligor does not express an intent for the application of the amount. The substitute adds that these provisions are not applicable to an obligee who is a recipient of financial assistance and service programs and specifies an effective date of the bill.