F.S. v. K.O.

*467OPINION OF THE COURT

W Dennis Duggan, J.

Issue

The Support Magistrate increased the petitioner father’s child support obligation by $1,000 per month. This court affirmed. The Appellate Division reversed (Matter of Overbaugh v Schettini, 103 AD3d 972 [2013], lv denied 21 NY3d 854).1 Should the father now receive a credit for the excess child support (which may amount to almost $29,000) paid pursuant to the order of the Support Magistrate when that order was affirmed by this court but vacated by the Appellate Division?

Holding

The court holds that the father should receive the credit allowed by…