Legal Question in Family Law in Texas

child support overpayment credit or refund

I was ordered to pay 290.55 or 25% of my monthly income for 2 kids.

I get royalty checks each monthand they vary sometimes i only get only $600 a month but i still have paid the 290.55 i was ordered to pay this has gone on for 3 or 4 years where my kids have gotten more than the 25% of what i made.

My question is am i entitled to a refund of this overpayment of 25% or can it be credited toward my childrens back medical bills i owe.

I talked to the attorney generals office and told them of the situation and they told me that i just lost out on that overpayment or wouldnt get any credit for it is this true.Please let me know I also talked to the attorney generals office on reducing my child about a year ago they told me they would send me a form to fill out send it back to them then they would contact me no till this day ever contacted me its like they blew it crazy please let me know something ASAP?


Asked on 12/26/01, 5:10 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: child support overpayment credit or refund

You must modify the last legal document.

You can certainly contact the Texas A G again.

I offer a free phone consultation if you live in the Houston area. Please call me at 713-847-60000.

Be sure to let me know that you found me on lawguru.com

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Answered on 12/26/01, 7:48 pm
Jean Sudduth Jean Sudduth, Attorney at law

Re: child support overpayment credit or refund

The AG's office told you the truth. Until you file a motion to modify support nothing will change. You can request that the AG file this for you but one of the great life lessons - you get what you pay for. The AG office will put you at the bottom of their stack and get to it in their own time. You can modify from the date you file for a modification - not earlier. Get a calculator and decide whether it is worth it to hire an attorney to file a modification for you.

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Answered on 1/03/02, 5:24 am


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