In Johnson v. Chapin, 12 N.Y.3d 461 (2009), the trial court awarded temporary maintenance to the wife and child support based upon an estimation of the husband’s income. At trial, it was determined that the Husband in fact earned a lower income than estimated. The Husband sought a credit for his the overpayments of temporary spousal maintenance and child support paid to the Wife.
The court provided the husband a credit for the overpayment of spousal maintenance. On Appeal, the Court of Appeals held that this credit was permissible as an acceptable exercise of discretion by the trial court.
However, the husband was not provided with a credit for the overpayment of temporary child support as calculated on his estimated income. The Appellate Division and Court of Appeals denied the Husband’s request, with the Court of Appeals providing that there is “a strong public policy against restitution or recoupment of [child] support overpayments.”
Given this ruling, it is imperative the litigants and their attorneys strive to provide the trial court with complete documentation and accurate income data prior to the award of temporary child support.
