In general, as a matter of public policy, an overpayment of support, such as that resulting from a reversal or modification of an order or judgment, is not subject to restitution or recoupment.
Support Overpayment
Over the years, courts have carved out numerous exceptions to the general rule barring recovery of excess support payments. An additional exception that permits recoupment under certain circumstances, is contained in the Family Court Act. So, in some cases, relief for the party who has overpaid may be possible.
By
Thomas A. ElliotThis premium content is locked for LawJournalNewsletters subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.
