Getting a Refund for Overpayment—When It’s Possible
Overpayments happen—an employer withholds the old amount after a modification, payroll double‑deducts, or support continues after emancipation. Recovering money can be slow and technical. Here’s how to improve your odds and avoid creating new issues.
Start with the ledger. Pull the State Disbursement Unit (SDU) history and identify the overpayment window with exact dates and amounts. Note why it happened (late payroll change, duplicate remittance, post‑emancipation deduction). Obtain paystubs and employer remittance confirmations to corroborate. If the other parent received the funds, stay factual—this is about math, not blame.
Apply arrears first. Agencies usually apply any overpayment to outstanding arrears and interest before issuing refunds. If you have arrears, ask the agency to reallocate the overage to reduce your balance; this is often the fastest practical “refund.” Request a written “as of” ledger showing the adjustment.
When a true refund may be issued. If there are no arrears and the overpayment is verified, some agencies can issue a refund to you, or require the recipient to return the excess. Policies vary, and statutes may limit compelled refunds of voluntarily paid support. If the law in your state disfavors refunds, ask for a credit against future current support instead—cleaner to implement and less likely to be denied.
Retroactive modifications. If a court later reduces support retroactive to a filing date, you may have overpaid for months. Bring the signed modification to the agency and request a recomputation. Credits are typically applied forward; cash refunds are rarer and may require a specific court order. Make sure your employer receives a stop‑notice for the old amount to prevent continuing over‑withholding.
Emancipation timing. If payroll continued deducting after the support termination date, ask the agency to apply the excess to arrears first, then to refund or credit. For multi‑child orders with step‑downs, do not assume an automatic percentage reduction; get a signed step‑down order to avoid “overpayments” that were never legally due.
Request in writing with exhibits. Submit a concise letter: dates, amounts, reason, and what you’re asking for (refund or future credit). Attach SDU statements, paystubs, and the relevant order. Keep tone neutral and follow up every few weeks through the portal. Agencies process thousands of transactions—clear packets rise to the top.
Avoid chargebacks or self‑help. Do not ask your employer to reverse a posted payment without agency direction; it can scramble the ledger and cause missed current support. Don’t deduct future payments on your own to “even it out”—that creates arrears and enforcement actions. Always route adjustments through the agency or a court order.
Bottom line. Refunds are possible in limited situations, but credits against future support or arrears are more common and quicker. Document the overage precisely, route requests through the agency, and prevent repeats with prompt payroll updates after any order change.
Prevention checklist. (1) After any modification or emancipation, confirm the new withholding on your very next paystub; (2) if a deduction is wrong, email HR the signed order and ask when the change will take effect; (3) monitor SDU postings weekly for a month after changes; (4) keep a folder of “start/stop” notices to employers and the SDU; (5) calendar a 60‑day audit to catch lingering errors. Quiet follow‑through today prevents refund headaches tomorrow.
We devote ourselves to maximize your returns. We represent clients throughout Texas to end the hardships caused when they don't receive the support they were due. We won’t stop pursuing what you are owed until the entire amount, including interest, has been paid.
Our Bexar County law firm offers legal services for personal injury and child support collection cases. For more information on any of our legal services, call us toll-free at (866) 993-CHILD (2445) or (210) 732-6000.
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