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A decision last week of the Appellate Division, Second Department, points out that the rules concerning the recovery of overpayments of child support may not always be logical, and in the end may not best benefit the children the support was intended to benefit.
The appellate court held that on this record, there was no basis for concluding that any exception to the strong public policy against restitution or recoupment of support overpay ments existed. Consequently, it was error for the Magistrate and Judge to hold that the father was entitled to a credit against his child support obligation based on prior overpayments of child support.