WHAT TO DO IF YOU OVERPAID CHILD SUPPORT
Child support is designed to ensure that both parents are contributing to the financial needs of any shared children they might have. In cases where a paying parent overpays child support, it is possible to recover the excess support, though this depends on a number of factors.
In Texas, if you are still obligated to make child support payments, the attorney general will likely apply the excess payments to your future obligations, as per Texas Family Code.
On the other hand, if you are no longer obligated to make child support payments, you can file a request and demand a repayment or, if that fails, you can file a lawsuit. This is applicable whether or not your overpayment was made before, on, or after the date your child support obligation was terminated.
If a court rules in your favor, your ex-spouse would also be obligated to pay for your attorney fees and court costs, in addition to the amount of child support you overpaid.
