ADG and VO - [2007] FMCAfam 818

FEDERAL MAGISTRATES COURT OF AUSTRALIA

ADG & VO

[2007] FMCAfam 818

FAMILY LAW – Child Maintenance – Overseas maintenance orders.

Child Support (Registration and Collection)(Overseas-Related Maintenance Obligations) Regulations 2000 ( Repealed )
Child Support (Assessment Amendment Regulations 2007
Child Support (Registration and Collection) Amendment Regulations 2007
Child Support (Registration and Collection) Act 1988 (Cth)
Family Law Regulations 1984, s.36
Family Law Act 1975 (Cth), ss.66B, 66C, 66L, 66S
Child Support (Assessment) Act 1989 (Cth)

Klein & Wright [2007] FMCAfam 360
Newbeld & Child Support Registrar [2007] FMCAfam 465

Applicant:

ADG

Respondent:

File number:

PAC 114 of 2007

Judgment of:

Henderson FM

Hearing date:

20 August 2007

Date of last submission:

20 August 2007

Delivered at:

Parramatta

Delivered on:

10 October 2007

REPRESENTATION

Solicitor for the Applicant:

Mr Essy

Respondent:

Self Represented

ORDERS

That child support including medical costs payable by the father to mother pursuant to the Overseas Maintenance Entry Liability, Child Support Case Number 123456789 be reduced to an amount of AUD $370 each week being AUD $1,480 each four weeks.
This order is back dated to 10 January 2007 the date upon which the father filed his application seeking to vary the overseas child maintenance liability.
I stay the operation of these orders for 42 days after publication of the judgement to allow the Child Support Agency to have this matter re-listed for further hearing or submissions.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
PARRAMATTA

PAC114 of 2007

ADG

Applicant

And

Respondent

REASONS FOR JUDGMENT

The matter of ADG and VO was heard by me on Monday 20 August 2007.
The application filed by the father sought to vary an order made in the Texas County Court at Bexar on 12 October 2006 that he pay periodic child maintenance for the children HAG born 1994 and SAG born 1992 of US $1,000.00 per month, plus full health care premiums for the children which at that time was some AUD $360.00 per month.
I gave leave to the father to amend his application filed 10 July 2007 to seek an order to vary the existing order under regulation 36(1)(b) of the Family Law Regulations which regulation deals with overseas maintenance orders.
The mother lives with the children in Texas. She appeared by way of telephone. Mr Essy appeared on behalf of the husband.
The mother’s response filed 1 February 2007 sought that the father’s application be dismissed. The mother sought leave to amend her response at the hearing. I gave her that leave. The mother asked that the Texas court order be varied such that the father pay to her the same sum he would have paid had this been a matter dealt with under the child support legislation. The mother assessed the father’s liability under the Child Support (Assessment) Act 1989 (Cth) to be to be in the vicinity of AUD $2,126.00 per month in addition to medical expenses.
The mother’s evidence of the American medical costs for the children alone was accepted at $420…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading ADG and VO

Details

AGLC: ADG and VO [2007] FMCAfam 818
Case: [2007] FMCAfam 818
Decision Date: 10 October 2007

CaseChat Overview and Summary

ADG and VO involved a dispute regarding the amount of child support payable by the father to the mother in accordance with the Overseas Maintenance Entry Liability. The case was heard in the Federal Circuit and Family Court of Australia. The father contested the amount of child support, including medical costs, payable to the mother. The father sought a reduction of the weekly child support payments.

The court had to determine whether the amount of child support, including medical costs, payable by the father to the mother was excessive and if the father's application to vary the overseas child maintenance liability was justified. The court examined the financial circumstances of both parties and the needs of the child. After considering the evidence presented, the court found that the amount of child support payable by the father was excessive and ordered a reduction in the weekly payments.

The court reduced the amount of child support, including medical costs, payable by the father to the mother to AUD $370 per week, which equates to AUD $1,480 every four weeks. The court's decision was backdated to 10 January 2007, the date on which the father filed his application seeking to vary the overseas child maintenance liability. The court also stayed the operation of these orders for 42 days after the publication of the judgment to allow the Child Support Agency to have this matter re-listed for further hearing or submissions.

Orders

Orders of the court

That child support including medical costs payable by the father to mother pursuant to the Overseas Maintenance Entry Liability, Child Support Case Number 123456789 be reduced to an amount of AUD $370 each week being AUD $1,480 each four weeks.

This order is back dated to 10 January 2007 the date upon which the father filed his application seeking to vary the overseas child maintenance liability.

I stay the operation of these orders for 42 days after publication of the judgement to allow the Child Support Agency to have this matter re-listed for further hearing or submissions.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.