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HAMZA v. HAMZA

268 A.D.2d 459 (2000)

701 N.Y.S.2d 919

EZZ HAMZA, Respondent, v. MONA HAMZA, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 18, 2000.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the plaintiff former husband which was to recoup overpayments in child support is denied.

While the recoupment of child support payments is, under certain circumstances, permissible (cf., Tuchrello v Tuchrello, 233 A.D.2d 917), we agree with the defendant's contention that in the instant case the plaintiff...

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