Tex. Fam. Code § 8.0591 · Subchapter B. SPOUSAL MAINTENANCE
OVERPAYMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If an obligor is not in arrears on the obligor's maintenance obligation and the obligor's maintenance obligation has terminated, the obligee must return to the obligor any maintenance payment made by the obligor that exceeds the amount of maintenance ordered or approved by the court, regardless of whether the payment was made before, on, or after the date the maintenance obligation terminated.
(b) An obligor may file a suit to recover overpaid maintenance under Subsection (a). If the court finds that the obligee failed to return overpaid maintenance under Subsection (a), the court shall order the obligee to pay the obligor's reasonable and necessary attorney's fees, court costs, and expenses in addition to the amount of the overpaid maintenance. 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 in its order the reasons supporting that finding.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 8, eff. September 1, 2011.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 5, 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.8.htm
- Text hash
- sha256 5ffa85a9a1736ffe6ed424168bbbaf441c34a1ac61faaff1459a92bd7c859dd4
- 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.