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Texas Family Code - Section 154.012. Support Paid In Excess Of Support Order

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§ 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, § 1, eff. Sept. 1, 1999.  
Amended by Acts 2001, 77th Leg., ch. 1023, § 5, eff. Sept. 1, 
2001.

Text of section as added by Acts 2001, 77th Leg., ch. 1023, § 6            

Last modified: August 11, 2007