In Matter of Taddonio v. Wasserman-Taddonio , Keith Taddonio sought a credit for child-support payments made to Julie, his ex-wife.
The parties' separation agreement provided Keith would pay Julie $1,300 a month for their two kids -- who would become emancipated at the age of 21.
In March of 2006, when their daughter turned 21, Keith sought to decrease his child support obligation and, in November of 2006, a Family Court Support Magistrate obliged and directed Keith to make monthly support payments in the amount of $853.06 (retroactive to March).
Keith then asked he be given a credit for over-payments made from March 2006 to November 2006. When that request was denied, and the Suffolk County Family Court sided with the Support Magistrate, Keith appealed to the Appellate Division, Second Department.
The appellate court agreed Keith wasn't entitled to a refund since "[t]here is a strong public policy in this state ... against restitution or recoupment of the overpayment of child support." However, the AD2 thought Keith was entitled to an offset for "arrears" paid to the Support Collections Unit during that same timeframe, and sent the matter back for a determination of the amount to be credited.
CHARGE!
To download a copy of the Appellate Division's decision, please use this link: Matter of Taddonio v. Wasserman-Taddonio