When people pay child support, they can often encounter a common problem—overpaying child support. This happens if the support award is too high, the noncustodial parent objects, appeals the support award and wins. Despite the fact that the amount was reduced, the noncustodial parent was obligated to pay the higher amount until a modification was accepted, so can he or she recover any portion of that amount?
In the past, public policy required New York courts to deny claims for restitution or to recoup overpayments; however, one judge ruled that under certain circumstances, the noncustodial parent could obtain credit for payments made in excess of the support order.
Under the old policy, the court essentially penalized a spouse who, in good faith, complied with the order even if the order was too high. However, the policy also protected the child by preventing the court from reducing the amount that might be necessary for the child’s upkeep in order to compensate the parent who overpaid.
Overpaying Child Support in New York
Generally, if you overpay on child support, New York laws state that you are not entitled to a refund on those payments, nor can you receive credit. Courts will take action, however, if payments are insufficient or if you refuse to pay child support payments at all.
In some instances, the court may rule the paying parent may offset add-on expenses, such as educational expenses, against an overpayment. However, it is unlikely future essential payments will be reduced to compensate the paying parent.
The best thing for you to do if you’ve overpaid is to continue paying the ordered amount but contact a skilled attorney as soon as possible. The faster you notice the overpayment and take action the less you will lose to the custodial parent.
If you’re concerned about an overpayment, talk to one of our skilled Dutchess County child support attorneys. The Law Office of Dennis R. Vetrano, Jr., LLC has the knowledge, experience, and resources to successfully try your case to its conclusion. We have more than 50 years of combined legal experience to off you in addition to our pragmatic, compassionate, and aggressive legal representation. Let us see how we can help you and your family.
Contact us at (845) 605-4330 or fill out our online form to schedule a free, confidential consultation with us today. We look forward to speaking with you.