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.

5 minute read August 30, 2012 at 04:33 PM
By
Thomas A. Elliot
Support Overpayment

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.

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