BelizeBreeze
Senior Member
No statute speaks specifically to the termination of child support in texas. In fact, the only mention of such is found in the following:
§ 154.006. TERMINATION OF DUTY OF SUPPORT. (a) Unless
otherwise agreed in writing or expressly provided in the order or as
provided by Subsection (b), the child support order terminates on:
(1) the marriage of the child;
(2) the removal of the child's disabilities for
general purposes;
(3) the death of:
(A) the child; or
(B) a parent ordered to pay child support; or
(4) a finding by a court that the child:
(A) is 18 years of age or older; and
(B) has failed to comply with the enrollment or
attendance requirements described by Section 154.002(a).
(b) Unless a nonparent or agency has been appointed
conservator of the child under Chapter 153, the order for current
child support, and any provision relating to conservatorship,
possession, or access terminates on the marriage or remarriage of
the obligor and obligee to each other.
Write the ex a certified (RRR) letter informing her that pursuant to the support order and the above statute, support payments will cease on (date).
Then, if she wants to contest, she can read the following:
§ 154.012. SUPPORT PAID IN EXCESS OF SUPPORT ORDER.
(a)
If an obligor is not in arrears and the obligor's child support
obligation has terminated, the obligee shall return to the obligor
a child support payment made by the obligor that exceeds the amount of support ordered, regardless of whether the payment was made before, on, or after the date the child support obligation
terminated.
(b) An obligor may file a suit to recover a child support payment under Subsection (a). If the court finds that the obligee failed to return a child support payment under Subsection (a), the court shall order the obligee to pay to the obligor attorney's fees and all court costs in addition to the amount of support paid after the date the child support order terminated. For good cause shown, the court may waive the requirement that the obligee pay attorney's fees and costs if the court states the reasons supporting that
finding.
§ 154.006. TERMINATION OF DUTY OF SUPPORT. (a) Unless
otherwise agreed in writing or expressly provided in the order or as
provided by Subsection (b), the child support order terminates on:
(1) the marriage of the child;
(2) the removal of the child's disabilities for
general purposes;
(3) the death of:
(A) the child; or
(B) a parent ordered to pay child support; or
(4) a finding by a court that the child:
(A) is 18 years of age or older; and
(B) has failed to comply with the enrollment or
attendance requirements described by Section 154.002(a).
(b) Unless a nonparent or agency has been appointed
conservator of the child under Chapter 153, the order for current
child support, and any provision relating to conservatorship,
possession, or access terminates on the marriage or remarriage of
the obligor and obligee to each other.
Write the ex a certified (RRR) letter informing her that pursuant to the support order and the above statute, support payments will cease on (date).
Then, if she wants to contest, she can read the following:
§ 154.012. SUPPORT PAID IN EXCESS OF SUPPORT ORDER.
(a)
If an obligor is not in arrears and the obligor's child support
obligation has terminated, the obligee shall return to the obligor
a child support payment made by the obligor that exceeds the amount of support ordered, regardless of whether the payment was made before, on, or after the date the child support obligation
terminated.
(b) An obligor may file a suit to recover a child support payment under Subsection (a). If the court finds that the obligee failed to return a child support payment under Subsection (a), the court shall order the obligee to pay to the obligor attorney's fees and all court costs in addition to the amount of support paid after the date the child support order terminated. For good cause shown, the court may waive the requirement that the obligee pay attorney's fees and costs if the court states the reasons supporting that
finding.