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PUBLIC POLICY PRECLUDED RECOVERY OF CHILD SUPPORT OVERPAYMENTS (SECOND DEPT).

The Second Department, reversing Supreme Court, determined that public policy precluded plaintiff from recovering child support overpayments:

“There is strong public policy in this state, which the [Child Support Standards Act] did not alter, against restitution or recoupment of the overpayment of child support” … . The rationale behind this policy is that child support payments are deemed to have been used to support the children, so “no funds exist from which one may recoup moneys so expended”… . “[R]ecoupment of child support payments is only appropriate under limited circumstances'” … .

The plaintiff failed to demonstrate the existence of any circumstances which counter this state’s strong public policy against reimbursement of child support overpayments … . The plaintiff could have requested a modification of his child support obligation in accordance with the stipulation, but failed to do so … . Fortgang v Fortgang, 2019 NY Slip Op 02068, Second Dept 3-20-19

 

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