YOU MEAN EVEN THOUGH MY KID GET’S THEIR OWN MONEY EACH MONTH FROM SOCIAL SECURITY, I STILL HAVE TO PAY REGULAR CHILD SUPPORT TO HIS MOTHER ?
AND IF I OVERPAID MY CHILD SUPPORT, I CAN’T GET A REFUND ?
We further find no error in the Support Magistrate’s denial of the father’s application for a downward deviation from the Child Support Standards Act based on the child’s receipt of Social Security disability payments. Where, as here, a child is not receiving the benefit of a parent’s full-time earnings and higher salary level because of illness/disability, the federal government provides a derivative disability award to the child. However, a child’s disability benefit is intended to supplement existing resources, not to displace or reduce a parent’s obligation to support his or her child.
The father finally contends that Family Court abused its discretion in prohibiting any refund or credit for overpayments from the child’s current or future support obligations. There is a strong public policy against recoupment of child support overpayments, absent any statutory authority or certain circumstances, which are not present here. We discern no abuse of discretion in Family Court’s determination to restrict recoupment to existing arrears and prohibiting the reduction of current or future child support.
Weaver v. Weaver, – NYS3d – , 2021 WL 4897332 (3rd Dep’t. 2021)