Tex. Fam. Code § 154.012 · Subchapter A. COURT-ORDERED CHILD SUPPORT
SUPPORT PAID IN EXCESS OF SUPPORT ORDER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 26, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm
- Text hash
- sha256 5b559aa5533e4535c15879f26b304dc98b53bb6a6f433c57932f8ce01a9bf333
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.