Child Support Overpayment

Answer:

We often have clients ask us if they can get a refund on child support that was overpaid. The general answer in New York State is that, no, you cannot. There is a public policy position in New York that prohibits a court from allowing a clawback or a refund back for support that’s been overpaid. If we were in court, for example, on a modification petition, we would ask the court to issue a temporary order that protects that payment stream so that, if there is a reduction in support down the road, there will be a refund or a clawback on the funds that didn’t have to be paid because of the reduction. Without that order, the court generally takes the position that it is powerless to order a refund.