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What if you pay too much child support?

Typically, the common complaint heard from those involved in the exchange of child support in San Antonio is that one who is obliged to pay it is not meeting that obligation. Yet what if you actually end up paying too much child support? This might seem an odd scenario given the importance that you likely place on helping to meet your kids’ needs, yet there are situations where this could reasonably happen.

According to the Texas Family Code, any of the following actions, events or milestones could prompt an end to your child support obligation:

  •          Your child dying
  •          The marriage of your child
  •          The removal of any disabilities he or she was determined to have had
  •          The formal termination of your relationship (adoption or emancipation)
  •          Him or her beginning active duty in the armed forces

If he or she is over the age of 18 and is not currently enrolled in a program working his or her way toward a high school diploma or junior college credit, that may also signal an end to your requirement to pay child support.

Say your child marries without your knowledge (yet with your ex’s consent), yet you continue to pay child support due to being unaware of this action. Your ex-spouse will be required to repay you any amount in excess of your obligation (provided you do not owe any arrears). That would include whatever you paid from the date of your child’s marriage. Your ex would also owe you for any excess amount you may have mistakenly paid prior to your obligation ending. If you are forced to sue to recover what you are owed, he or she may also be made to pay your attorney fees and court costs. 

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