Tuesday, May 3, 2016
CAN OVERPAYMENT OF CHILD SUPPORT PAYMENTS BE RECOUPED?
In limited circumstances, yes. Weidner v. Weidner, 2016 NY Slip Op 1102 - NY: Appellate Div., 4th Dept. 2016:
".....we further agree with defendant that she is entitled to recoupment of her child support overpayments, and we remit the matter to Supreme Court to determine the amount of recoupment that plaintiff owes to defendant. Although there is a strong public policy against recoupment of child support overpayments (see Johnson v Chapin, 12 NY3d 461, 466, rearg denied 13 NY3d 888), we conclude that recoupment is appropriate under the limited circumstances of this case. Here, the record establishes that defendant's income was below the poverty level, and that plaintiff held a high-income job. Moreover, requiring plaintiff to repay the child support erroneously ordered by the court will not detract from plaintiff fulfilling the needs of the children while they are in his care and, indeed, will restore needed funds to defendant that will assist her in maintaining a suitable household for the children and in meeting their reasonable needs during visitation (cf. Smith v Smith, 116 AD3d 1139, 1143; see generally People ex rel. Breitstein v Aaronson, 3 AD3d 588, 589; Tuchrello v Tuchrello, 233 AD2d 917, 918)."