Wednesday, November 2, 2005

Case Law Developments: Voluntary Overpayments of Child Support Need not Be Credited Toward Later Failures to Pay

Father's child support obligation was reduced to $68 per week when his youngest child came to live with him.  When the child returned to live with Mother full time, Father resumed his prior child support payments of $180 per week, but did not obtain a formal modification of the support award.  Some time later, Father refused to pay any further child support.  He was held in contempt and was ordered to pay the child support arrears for the period during which he did not pay.  Father argued that he should have been given a credit for his prior period of voluntary overpayments.  The Appellate Court of Connecticut held that it was not error for the trial court to refuse to credit father the overpayments.

Lawrence v. Lawrence, 2005 Conn. App. LEXIS 453 (November 1, 2005)
Opinion on the web at http://www.jud.state.ct.us/external/supapp/Cases/AROap/ap92/92AP4.pdf (last visited November 2, 2005 bgf)

http://lawprofessors.typepad.com/family_law/2005/11/case_law_develo_6.html

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