Niewiadomski v. Dower

—Order unanimously affirmed without costs. Memorandum: In appeal No. 1, we conclude that Family Court properly denied the petition of Robert Niewiadomski seeking reimbursement for child support overpayments. There is a “strong public policy against restitution or recoupment of support overpayments” (Baraby v Baraby, 250 AD2d 201, 205). Although “recoupment of child support payments is, under certain circumstances, permissible” (Hamza v Hamza, 268 AD2d 459; see, Tuchrello v Tuchrello, 233 AD2d 917, 918), we see no basis to disturb the court’s denial of the motion herein.

In appeal No. 2, we…