Alimony Overpayments and Reimbursement: Lessons from Plessis v. Plessis

The North Carolina Court of Appeals recently addressed whether a supporting spouse can be reimbursed for alimony overpayments after an earlier trial court modification was overturned. In Plessis v. Plessis, the Court vacated part of the trial court’s denial of reimbursement and remanded for a new hearing. This case highlights how appellate review and equitable remedies intersect in family law, especially when financial obligations change midstream.

Background of the Case
– Parties: Paul Du Plessis (plaintiff) and Deborah Du Plessis (defendant) married in 1995, divorced in 2015, and had two minor children at the time of divorce.
– Initial orders: In 2015, Paul was ordered to pay $1,800 per month in alimony, $6,365 in child support arrears, and $9,000 in attorney’s fees.
– Modification: In 2019, Deborah moved to increase alimony based on her needs, Paul’s higher income, and the upcoming termination of child support. The trial court agreed, finding Paul in arrears and increasing alimony to $3,249 per month, extending the term by nearly three years.

Paul appealed, and in 2021 the Court of Appeals reversed the alimony increase, holding that no substantial change in circumstances justified modification.

Despite this, Paul had already paid the increased amount—leading to alleged overpayments of $36,010 in alimony and $3,600 in attorney’s fees. He moved for reimbursement, but the trial court denied relief, reasoning that it lacked authority to order repayment. Paul appealed again.

The Court of Appeals’ Analysis
1. Authority to Reimburse Alimony Overpayments
The appellate court noted that while North Carolina courts had not explicitly ruled on alimony reimbursement before, similar principles applied in child support and postseparation support cases where overpayments can be credited. Other states routinely allow reimbursement for alimony overpayments when prior orders are reversed.

The Court distinguished Brinkley v. Brinkley (1999), where voluntary payments toward a college fund could not be credited. Unlike Brinkley, Paul’s overpayments were involuntary and tied directly to a court order later deemed improper. Therefore, reimbursement was appropriate.

2.Preventing Unjust Enrichment
The Court also found reimbursement necessary to prevent unjust enrichment. Since Paul’s alimony obligation had ended, he could not credit overpayments toward future obligations. Allowing Deborah to retain the extra payments would unfairly enrich her at Paul’s expense.

3. Attorneys’ Fees
The trial court also denied reimbursement of $3,600 in attorney’s fees Paul had paid. The Court held trial courts do have authority to consider reimbursement of attorney’s fees in these circumstances and remanded for reconsideration.

Holding
The Court of Appeals vacated in part the trial court’s denial and remanded for a new hearing. It instructed the lower court to determine whether reimbursement of alimony overpayments and attorney’s fees was warranted as an equitable remedy.

Key Takeaways

1. Reimbursement is possible. Supporting spouses may recover alimony overpayments if the underlying order is reversed or invalidated.
2. Equitable remedies matter. North Carolina courts may use unjust enrichment principles to ensure fairness when one spouse has involuntarily overpaid.
3. Distinguish voluntary vs. involuntary payments. Voluntary extra payments (e.g., college savings) generally cannot be credited, but court-ordered overpayments can.
4. Attorney’s fees may also be reimbursed. Trial courts retain discretion to order repayment if fairness requires it.

Final Thoughts
Plessis v. Plessis underscores the importance of appellate oversight in family law and provides clarity on the treatment of alimony overpayments. For practitioners, it highlights the need to move promptly for reimbursement when appellate rulings invalidate prior orders. For spouses, it demonstrates that overpayments tied to overturned orders are not necessarily lost—they may be recoverable through the courts.

About Adkins Law, PLLC
At Adkins Law, PLLC, based in Huntersville, North Carolina, we focus on family law matters including alimony, equitable distribution, and post-judgment relief. Our firm provides experienced guidance to ensure your rights are protected and that the law is applied fairly. If you are facing issues related to alimony or reimbursement of support, contact Adkins Law to discuss your options.