Paying child support is a legal and financial obligation that most parents take seriously. But what happens if you overpay? Whether it was due to a clerical error, miscommunication, or another reason you didn’t anticipate, overpayment can create frustration and confusion. Naturally, the question arises: “Can I get reimbursed for child support if I overpaid?”
How does Texas law handle child support overpayments? Furthermore, what options may be available to you?
1. The Court Typically Sees Child Support as a Non-Refundable Obligation
In most cases, Texas courts see child support as money meant for the well-being of the child. As a result, overpayments are usually considered non-refundable—even if the amount paid exceeded what was ordered or continued after the obligation ended. Courts are generally hesitant to issue reimbursements since the money is assumed to have gone toward supporting the child’s needs.
2. Apply Overages to Future Payments
If you realize you’ve overpaid somewhere along the line, there is an option to apply the overage to one or more future payments. Depending on how much you overpaid, this could also temporarily pause payments. However, this is not automatic; you might need to file a motion with the court and provide documentation to support your request.
3. Reimbursement May Still Be Possible
Although not common, a court may consider reimbursement if the overpayment resulted from a clear administrative error, such as a wage garnishment that continued after the support order ended or payments made after legal custody changed. Even in these situations, you will likely need to prove that the other parent received money they were not legally entitled to and that fairness (or equity) supports a repayment.
As parents, we want to ensure our kids are cared for emotionally, mentally, physically, and financially. That said, child support payments are a serious obligation, and it’s important that they are calculated fairly and that you aren’t mistakenly paying more than what you are obligated. That’s why it is so important to speak up if you believe you’ve overpaid. Keep detailed records of all payments and consult one of our knowledgeable family law attorneys for the next steps.
Please Call Christman | Daniell for Your Legal Needs Today!
Looking for family law services in Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
