178 Mich. App. 29 - Pellar v. Pellar’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The majority view of other jurisdictions is that the support obligor is not entitled to a credit as a matter of law for voluntary overpayments made prior to those obligations sought to be offset by the overpayments. See Anno: Right to credit on accrued support payments for time child is in father's custody or for other voluntary expenditures , 47 A.L.R.3d 1031 , § 15, pp. 1055-1057. The rationale underlying the general rule is aptly stated in Harner v. Harner , 105 Ill.App.3d 430 , 433, 61 Ill.Dec. 312 , 434 N.E.2d 465 (1982): " 'The general rule is that payments made for the benefit of children which are voluntary and not pursuant to a divorce decree may not be credited against other amounts due under the decree. This is true even where, as here, the payments are made under the mistaken belief that they are legally required. The policy underlying this rule is to prevent the supporting parent from, in effect, unilaterally modifying the support decree and thereby affecting the expectations of the custodial parent as to support payments.' [Citations omitted.] "In Haycraft v. Haycraft , 176 Ind.App. 211 , 215-216, 375 N.E.2d 252 (1978), the court refused to recognize an overpayment credit, reasoning as follows: " 'Since [the parties] had no power to modify the terms of the original support order by means of an extrajudicial agreement, any excess payment made under that supposed agreement had to be considered a gratuity or at least a voluntary contribution for the support of the”

   1 later decision quote this exact passage
   e.g. 245 So. 3d 627 - Wicker v. Hallman

2. “The majority view of other jurisdictions is that the support obligor is not entitled to a credit as a matter of law for voluntary overpayments made prior to those obligations sought to be offset by the overpayments. See Anno: Right to credit on accrued support payments for time child is in father's custody or for other voluntary expenditures , 47 A.L.R.3d 1031 , § 15, pp. 1055-1057. The rationale underlying the general rule is aptly stated in Harner v. Harner , 105 Ill.App.3d 430 , 433, 61 Ill.Dec. 312 , 434 N.E.2d 465 (1982):”

   1 later decision quote this exact passage
   e.g. 245 So. 3d 627 - Wicker v. Hallman

3. “"[V]oluntary overpayments, even if made under a mistaken belief as to their legal consequences, do not create a credit against or otherwise serve to diminish the amount of the obligor's subsequent court-ordered obligations. To hold otherwise would create an unacceptable possibility of jeopardizing the child's right to receive support for his or her needs."”

   1 later decision quote this exact passage
   e.g. 245 So. 3d 627 - Wicker v. Hallman