Sunday, November 22, 2015

Joyce v. Joyce, 83 Mass. App. Ct. 1129; 987 N.E.2d 617 (2013

FACTS
1.  The husband filed a modification complaint asserting that he was entitled to an "off-set for his $7,040 overpayment of child support against his present child support obligation to be applied over time."

ISSUE 
1.  Issue:  Under Massachusetts family law, can a parent receive credit for overpayment of child support?

HOLDING
1.  Holding:  No, a parent cannot receive credit for overpayment of child support.  Such a complaint usually be dismissed with prejudice.