Legal Question in Family Law in New York
Overpayment of child support and incorrect arrears
I went to Family Court to have my oldest emancipated(21), the mother requested an upward modification and received it, at which time, the judge ordered instant arrears back to the first court appearance. Took the case to Appellate Court. They determined that the upward modification was in error, no supporting proof of substantial change of circumstances. Appellate court ruled that the order should stand as judged at the first hearing. In the meantime, I was paying the new amount and paying on the arrears. Since Appellate Court made the judgement that I should never have been paying the higher amount, and that the Family Court order was illegal, I felt that the arrears were bogus. If the order should never been changed, then there were no arrears. Unfortunately, the Child Support Collection Unit refused to 1) credit my account for the overpayment made for 8 months, and 2) recinding the arrears that are left on my account. Is there any precedence for this situation?
1 Answer from Attorneys
Re: Overpayment of child support and incorrect arrears
The CSEU is wrong. But, procedurally, you
may need either a modified order from the
original Family Court which complies with
the Appellate Decision, which would then
be served upon the CSEU, or a contempt
proceeding would need to be brought against
the CSEU for failing to follow the Court
Orders.
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