Two of the applicable family statutes deal with
child support over-payments are sections 154.014 and 154.014 of the Texas Family Law Code.
The ability to recover overpaid
child support depends on a number of different factors. If you still have a current
obligation typically then the attorney general will typically apply the
excess child support to your future obligations which falls under section
154.013 of the Texas Family Code.
However, if you are not in the arrears and the
child support obligation has terminated, then you can file suit to recover the overpaid
child support under section 154.012. To file under this section you will
need to make a demand for payment. If that fails then you can file a lawsuit.
Below are the two applicable sections of the family code.
Sec. 154.014. PAYMENTS IN EXCESS OF COURT-ORDERED AMOUNT.
(a) If a child support agency or local
child support registry receives from an obligor who is not in arrears a child support
payment in an amount that exceeds the court-ordered amount, the agency
or registry, to the extent possible, shall give effect to any expressed
intent of the obligor for the application of the amount that exceeds the
(b) 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 shall:
(1) credit the excess amount to the obligor's future child support
(2) promptly disburse the excess amount to the obligee.
(c) This section does not apply to an obligee who is a recipient of public
assistance under Chapter 31, Human Resources Code.
Sec. 154.012. SUPPORT PAID IN EXCESS OF SUPPORT ORDER.
(a) If an obligor is not in arrears and the obligor's child support
obligation has terminated, the obligee shall return to the obligor a
child support payment made by the obligor that exceeds the amount of support ordered, regardless
of whether the payment was made before, on, or after the date the child
support obligation terminated.
(b) An obligor may file a suit to recover a
child support payment under Subsection (a). If the court finds that the obligee failed to return
a child support payment under Subsection (a), the court shall order the
obligee to pay to the obligor attorney's fees and all court costs
in addition to the amount of support paid after the date the child support
order terminated. For good cause shown, the court may waive the requirement
that the obligee pay attorney's fees and costs if the court states
the reasons supporting that finding.
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Law Office of Bryan Fagan | Spring, TX Child Support Lawyers
Spring, Texas Child Support Lawyers are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. Law Office of Bryan Fagan handles
child support cases in Spring, Texas or surrounding areas, including Harris County, Montgomery County, Washington
County, Grimes County, Fort Bend County and Waller County.