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It appears the question is: "Can you sue a spouse (or former spouse) for child support that is overpaid, and to which the receiving spouse was not entitled to receive?"

The short answer is "Yes".

The longer answer is that over payments of child support are subject to being recaptured by the paying spouse or former spouse so long as the demand for payment and suit to recover the payments is brought within the applicable statute of limitations for suit upon a debt. In Texas, for example, there are two statutes of limitations on debts - a two year statute for oral debts or debts for injuries (such as fraud), and a four year statute for written debts or debts from a contract. In this case, is is assumed that the overpaid child support arises from following a separation order (a contract in Texas) or a court support order (either a contract or a written debt), and the four year statute of limitations should apply.

The final answer is - make sure that what you are demanding for payment is worth the trouble and hassle of a lawsuit. It is pretty silly to sue someone for a few hundred bucks when the attorney's fees will surely eat that up completely, plus all the bad blood the lawsuit will spill over your already torn up family may make you the total bad guy. However, if the overpayment is substantial - gung ho!

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Q: Can you sue your spouse for child support they were not entitled to?
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What if a child is proven not yours but you have been supporting that child for the whole year of its life?

If you have paid child support and it turns out the child is not yours you are entitled to sue for repayment of the money.


Can you still sue your spouse for child support after gaining custody 8years ago of your child and never applied for support when they were younger?

Yes, if the child is still a minor or is no longer a minor but is severely handicapped.


What are the advantages of obtaining a divorce?

There are many advantages to getting divorced. After a divorce, your spouse can't sue you for spousal support. You are no longer responsible for debts that your spouse acquires. Your spouse is no longer entitled to a piece of property you accumulate. And, of course, you can remarry.


Take a parent to court for child support at 19 years old if living environment isn't stable?

Children are never entitled to child support and cannot sue their parents for child support money. Child support is a debt paid from one parent to the other.


Can a child sue for child support after the age of 18 if the father has never paid a penny?

Yes a child can sue a parent for unpaid child support if there was a child support order.


Can you sue your biological father for back child support if your mother received welfare?

If you're in the US, no, a child cannot sue his parent for child support (payment for child support is not due to the child).


Can step father sue biological father for support even after order was vacated?

No. The step father has no legal standing on which to sue for child support.No. The step father has no legal standing on which to sue for child support.No. The step father has no legal standing on which to sue for child support.No. The step father has no legal standing on which to sue for child support.


When a child of a married man is wanting to sue him for back child support it has already been confirmed by the state of South Carolina that he is the father what can the child do?

Sue him for retroactive child support.


Can a child sue a parent for child support?

Not technically. Child support is for a custodial parent to support the child. Check your state laws.


Do you have to pay child support before a child is born?

No you do not. The mother-to-be can not sue for child support until after birth.


What do I do since my spouse abandoned me?

An abandoned spouse can sue the abandoning spouse for support (depending upon the circumstances; are there any children?) but in many cases, that doesn't help. Certainly you can sue for divorce. Take care of yourself.


Can son sue you for child support 25 years later?

No, there is no need for child support this late.