245 So. 3d 627
Ala. Civ. App.2017Background
- Parents divorced in 2005; joint custody originally; 2008 modification awarded mother sole physical custody and required father to pay $900/month child support.
- On Jan. 8, 2009 an affidavit of arrearage was filed and an income-withholding order (IWO) began withholding $1,100/month ($900 support + $200 toward arrears); mother received the full amounts each month.
- The $1,100 withholding continued through 2016; father only sought modification in April 2016 and alleged he had been overpaying since 2009.
- Father claimed he did not receive notice of the arrearage/IWO and believed state payroll withholding was correct; he later calculated overpayments of at least $16,800 and sought credit against future support and termination of the IWO.
- Trial court modified ongoing support to $836/month (for the remaining minor), denied father a credit for past overpayments, and ordered him to pay arrearage accrued after the IWO suspension; father appealed.
Issues
| Issue | Wicker (Father) | Hallman (Mother) | Held |
|---|---|---|---|
| Whether father entitled to credit/setoff against future child support for $200/month overpayment from 2009–2016 | Overpayments were not intended; withholding was not voluntary and thus should be credited against future obligations | Overpayments were voluntary contributions; mother received and relied on payments; no credit should be allowed | Trial court affirmed: no credit for voluntary overpayments; father not entitled to offset |
| Whether the IWO should be terminated/modified retroactively | Sought termination and recalculation to account for alleged full payments | Opposed termination; argued payments were voluntary and not prepayments of future support | IWO suspended pending hearing; court modified future support but denied retroactive credit |
| Standard of review for ore tenus evidence and child-support determinations | N/A (procedural) | N/A | Trial court findings based on ore tenus evidence reviewed for being plainly and palpably wrong; legal application reviewed de novo |
| Whether overpayments made under mistake of law can create credit against future obligations | Mistaken belief should not bar credit; equitable relief warranted | Voluntary overpayments—even mistaken—do not create credit because they risk disrupting child support continuity | Court adopted rule: mistaken voluntary overpayments do not create credits against future support |
Key Cases Cited
- Pellar v. Pellar, 178 Mich.App. 29 (Mich. Ct. App. 1989) (voluntary/mistaken overpayments do not create credit against future support)
- Mayfield v. Mayfield, 103 So.3d 968 (Fla. Dist. Ct. App. 2012) (trial court may deny credit where overpayments were voluntary and children cannot currently benefit)
- Reach v. Owens, 260 Ga. 227 (Ga. 1990) (general rule: no credit for voluntary overpayments without custodial parent consent)
- Hawkins v. Cantrell, 963 So.2d 103 (Ala. Civ. App. 2007) (children’s right to parental support is fundamental and parents cannot waive it)
- Jones v. Jones, 101 So.3d 798 (Ala. Civ. App. 2012) (standard of review: ore tenus findings are presumptively correct)