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 court-ordered amount.
(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 obligation; and
(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, PLLC | Spring, TX Child Support Lawyers
Our 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, PLLC by calling (281) 810-9760 or submit your contact information in our online form. Law Office of Bryan Fagan, PLLC 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.