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Support Overpayment

By Thomas A. Elliot
September 26, 2012

Last month, we looked at some ways in which New York courts have, in certain circumstances, permitted parties to recoup overpayments of child support and maintenance, despite the State's general public policy prohibiting restitution of such overpayments. We now continue that discussion.

Overpayment of Child Support ' Credits Against Other Obligations

One way that courts have dealt with the issue of overpayment of child support is to credit such overpayment against other financial obligations, such as so-called “add-on” expenses pursuant to the Child Support Standard Act. For example, in Futia v. Kaufteil, 24 AD3d 762 (2d Dept. 2005), the father was found to have overpaid child support because he continued to pay support for both of the parties' children after one had become emancipated. The Appellate Division, Second Department, held that the father was due a credit based on these payments and declared that a portion of this credit was properly applied toward arrears owed to the wife for uncovered medical and dental expenses for the children. However, the Appellate Division also held that the Family Court improperly directed that the remaining portion of the credit be applied by the Support Collection Unit against the father's child support account for the remaining unemancipated child.

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