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Tex. Fam. Code § 154.012

SUPPORT PAID IN EXCESS OF SUPPORT ORDER

Applied in 2 court decisions — leading case In Re BSH (2009)

Most recently applied in In Re BSH (December 2009)

Added by Acts 1999, 76th Leg., ch. 363, Sec. 1, eff

(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 reasonable and necessary attorney's fees, court costs, and expenses in addition to the amount of support paid after the date the child support order terminated. The court may order the fees, costs, expenses, and any postjudgment interest to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt. For good cause shown, the court may waive the requirement that the obligee pay attorney's fees, court costs, and expenses if the court states the reasons supporting that finding.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.