Summary
In Cohn v. Paprin, 29 AD3d 350 (1st Dept 2006), the payor of child support claimed entitlement to recoupment of child support from the date of commencement, but the court held he was only entitled to recoupment as of the date of a custody agreement, a date well after the commencement.
Summary of this case from Betters v. BettersOpinion
8323.
May 9, 2006.
Judgment, Supreme Court, New York County (Judith J. Gische, J.), entered March 22, 2005, inter alia, equitably distributing the parties' property, awarding defendant child support retroactive to the date of the commencement of the action, and awarding defendant recoupment of his child support payments previously made, unanimously modified, on the law, to make the awards of child support and recoupment effective only as of June 26, 2003, and otherwise affirmed, without costs.
Clair, Greifer LLP, New York (Bernard E. Clair of counsel), for appellant.
Adria S. Hillman, New York, for respondent.
Before: Saxe, J.P., Nardelli, Williams, Catterson and Malone, JJ., concur.
We find no inequities in Supreme Court's distribution, including its award to defendant of a greater share of the value of the business started by plaintiff before the marriage than was recommended by the Special Referee. However, because defendant did not seek child support at the time the action was commenced, we deem him entitled thereto only from the date of the parties' custody agreement, and modify accordingly. For the same reason, defendant's recoupment of child support should be permitted only as of the date of the custody agreement. We have considered plaintiff's other arguments and find them unavailing.