Legal Question in Family Law in Texas

Child support collected in error

Custody of my husband's daughter switched from his exwife to him as did the child support. It took a few years but my husband finally started receiving child support. Since the exwife postponed payment so long she is also paying some arrears.

The Atty General's office collected some money from my husband in error. They garnished 9 paychecks and witheld our joint tax return. Of course they gave all the money to his ex wife. When this was done, she actually owed him money but she accepted and kept the money anyway. My question is how do we get this money back? He's contacted the Atty Genl's office countless times but they don't ever do anything. They don't even return his calls. When he has talked to someone there they say admit the money was taken from him in error but they don't fix it.

This amounts to several thousand dollars. Is there any way for us to get this back?


Asked on 9/03/01, 4:23 pm

4 Answers from Attorneys
John Pfister, Jr. Pfister & Associates

Re: Child support collected in error

I agree with the prior response. File a motion to enforce and seek collection of the amount from the ex. Once a debt is classified as child support, it is much easier to collect.

If in north texas and like me to assist you, give me a call.

John Pfister

972-712-9208

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Answered on 10/05/01, 7:20 pm
James Grissom Law Office of James P. Grissom

Re: Child support collected in error

I can file the Motion to Enforce for you are in South Texas (HIdalgo Co., Cameron Co., Starr Co. Willacy Co. ... give me a call at 956-424-1644 ...

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Answered on 10/08/01, 10:00 am
Stephen A. Nicholas Nicholas and Barrera, P.C.

Re: Child support collected in error

A Motion to Enforce is the answer ... If you are around San Antonio ... give me a call at 210.224.5811 ...

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Answered on 10/07/01, 3:04 pm
Michael O'Connor Michael O'Connor, Attorney-At-Law

Re: Child support collected in error

Of course. You send a letter demanding repayment, and if she refuses or doesn't respond, file a Motion for Enforcement in Family Court to have the funds returned to you. Call me at 713-932-1888 if you have questions.

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Answered on 10/05/01, 10:35 am


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