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.
Added by Acts 1999, 76th Leg., ch. 363, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 5, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Subchapter A. Court-Ordered Child Support
Section 154.001. Support of Child
Section 154.002. Child Support Through High School Graduation
Section 154.003. Manner of Payment
Section 154.004. Place of Payment
Section 154.005. Payments of Support Obligation by Trust
Section 154.006. Termination of Duty of Support
Section 154.007. Order to Withhold Child Support From Income
Section 154.008. Provision for Medical Support and Dental Support
Section 154.009. Retroactive Child Support
Section 154.010. No Discrimination Based on Marital Status of Parents or Sex
Section 154.011. Support Not Conditioned on Possession or Access
Section 154.012. Support Paid in Excess of Support Order
Section 154.013. Continuation of Duty to Pay Support After Death of Obligee
Section 154.014. Payments in Excess of Court-Ordered Amount
Section 154.015. Acceleration of Unpaid Child Support Obligation
Section 154.016. Provision of Support in Event of Death of Parent