Child support overpayments, resulting from the retroactive application of a reduced child support award, may be recouped against future add-on expenses of the children. So held the Appellate Division, First Department, in its March 31, 2022 decision in Castelloe v. Fong.
That decision affirmed an Order of New York County Supreme Court Justice Michael L. Katz, which in turn confirmed the award of a Special Referee.
The appellate court upheld the Referee’s decision to impute $250,000.00 in annual income to the father. The Court also upheld the Referee’s decision to use a $250,000.00 cap to calculate the father’s child support obligation of $3,333.33 per month ($40,000.00 per year), finding that it was sufficient to meet the children’s “actual needs” to live an “appropriate lifestyle.” The trial evidence reflected the parties’ comfortable upper-middle-class lifestyle and that both parties had significant financial resources to support the use of a $250,000 cap.