Child Support Overpayment Divorce in Maryland

There are occasionally those situations where the payor spouse has made in overpayment of his child support obligation. For example, when incomes have changed and a motion for modification of the child support has been filed based upon that material change of financial circumstances however the hearing is not until several months later. In that circumstance the spouse who is paying the child support may be paying an amount in excess of what Maryland Child support guidelines might otherwise require. As such, it would seem to make sense that the spouse who has overpaid would be entitled to reimbursement for the overpayment. In a divorce in Maryland the spouse who has overpaid the child support amount is not entitled to restitution or reimbursement for the overpayment. The Maryland court addressed this issue in KRIKSTAN v. KRIKSTAN 90 Md.App. 462 601 A.2d 1127. Therein the Appellant complains that the court erred in ordering her to reimburse appellee for the overpayment of support. For several reasons the court determined that they need not address this issue at length. However, for the benefit of the court on remand, the court noted that appellee has "no right to restitution or recoupment following a modification of child support." Holbrook, 132 Md. App. at 70, 750 A.2d 724; see Tanis, 110 Md.App. at 570-71, 678 A.2d 88; Krikston, 90 Md.App. at 473, 601 A.2d 1127.

In Barr v. Barr, 58 Md.App. 569, 588, 473 A.2d 1300 (1984), the court explained that child support is the obligation of a parent to a child, not to the other parent. Therefore, a parent who "overpays" has no absolute right to recoupment. The concern, of course, is that such a requirement ultimately could deprive the child of benefits already received.