Parents who voluntarily pay child support before a court order generally cannot reclaim overpayments if a judge later mandates a lower amount, the Supreme Court ruled.
A recent case involved a father who paid €875 a month for his three children beginning in 2019, matching the statutory minimum at the time. A district court later found he was required to pay only €549 a month based on the parents’ finances and children’s financial needs.
After the child support order took effect in 2022, the father sought to recover €7,754 from the children’s mother. Lower courts sided with him under unjust enrichment rules, but the Supreme Court of Estonia overturned those decisions.
In a ruling published Thursday, the Civil Chamber of the Supreme Court said child support paid to a custodial parent during pending proceedings should generally be treated as fulfilling legal support obligations.
Parents receiving such payments should not be expected to set aside money in case they are later ordered to return it, the court said.
The Supreme Court also rejected the circuit court’s view that the mother had assumed the risk of repayment by seeking an excessive amount, pointing out that while the Family Law Act does allow for child support payments to be reduced in exceptional cases, the statutory minimum she had sought cannot be deemed excessive.
The custodial parent, the court added, must have a reasonable opportunity to plan for their children’s expenses.
Burden of proof remains on claimant
Thursday’s ruling left open the possibility of repayment claims when voluntary payments substantially exceeded the statutory minimum, however the paying parent must demonstrate the money improved the other parent’s financial position rather than covering the children’s ordinary needs.
“It is also important to consider that it is not always possible to clearly distinguish children’s expenses from those of the rest of the family, and child support may also be used for shared household expenses,” the court added.
Even if a court later finds a child’s needs were lower than the amount of child support paid, that alone does not prove unjust enrichment.
As with voluntary payments, the parent seeking reimbursement must show a specific financial benefit to the custodial parent, such as increased savings, purchases of personal assets or repayment of debts unrelated to family needs using child support money.
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