Legal Question in Family Law in Texas

I live in Texas and got divorced here in 2004. Since that time I have been paying child support. Recently, my Ex indicated that she wanted to seek a modification to the child support order. While I was looking through the divorce papers and reviewing the original order, I noticed that my payments should have been reduced when the older of the 2 kids graduated in June of 2009. However, my payments were never reduced as stipluated in the order. Therefore, I have been overpaying my child support for 40 months (close to $5000). I believe Texas family code 154.012 and 154.014 indicate that I should be entitled to a refund or credit of my overpayment. I have tried to call the AGs child support office to see how I can pursue this and they were less than helpful and gave me no direction in the matter. I am wondering if someone can advise me as to how I can go about getting either a refund or at least a credit towards any future amt of child support that I need to pay. Thank you.


Asked on 9/27/12, 1:39 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Your remedy is very simple.

The AG shows the wrong amount of child support owed. File a motion for the Court to calculate child support arrearage (even if you believe there isn't one).

The AG is subject to the finding that a court will make, even though they act as though they run the universe.

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Answered on 9/29/12, 12:06 pm


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