Alden and Alden (Child support)

[2020] AATA 1016

Alden and Alden (Child support) [2020] AATA 1016 (4 March 2020)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2019/BC017813

APPLICANT:  Ms Alden

OTHER PARTIES:  Child Support Registrar

Mr Alden

TRIBUNAL:Member S Letch

DECISION DATE:  4 March 2020

DECISION:

The decision under review is affirmed.

CATCHWORDS

CHILD SUPPORT - opt-in arrears - whether there were unpaid amounts - application for collection of unpaid amounts should be accepted - decision under review affirmed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

REASONS FOR DECISION

1. Ms Alden has been assessed by the Child Support Agency (CSA) as liable to pay child support to Mr Alden.

2. On 12 September 2019, Mr Alden contacted the CSA to request that it collect child support under the existing child support assessment on his behalf. He also requested that the CSA collect arrears of $1,021.37 for the period 12 June 2019 to 11 September 2019 (“the arrears period”).

3. On 13 September 2019, the CSA accepted Mr Alden’s application to collect, and to collect arrears of $1,021.37.

4. Ms Alden objected to the decision on 16 September 2019. She told the CSA that she and Mr Alden had a “verbal agreement enforceable by law” which excluded Mr Alden from claiming arrears. There was no dispute that Ms Alden had not, in fact, made any direct payments to Mr Alden during the arrears period.

5. On 12 November 2019, Ms Alden’s objection was disallowed. Ms Alden applied for further review by the Tribunal on 13 November 2019. Ms Alden and Mr Alden participated in the Tribunal’s hearing by conference telephone.

6. The CSA was required to accept Mr Alden’s application for collection of unpaid arrears for the three-month arrears period: section 28A of the Child Support (Registration and Collection) Act 1988 (the Act). There was no dispute that the amounts had not been paid.

7. Ms Alden argues there was an agreement which should effectively exclude the operation of the child support legislative arrangements. Only a binding child support agreement – for which there are many strict requirements, and which does not exist in this case – could operate to impact the assessment. A claimed verbal agreement or other “contract” cannot operate to defeat the operation of the section 28A of the Act. A party claiming they are owed a debt by the other party, for example, cannot seek to have that ameliorated by a reduction in the child support assessment.

8. The Tribunal understood Ms Alden’s disagreement with the decision; as discussed during the hearing, she is at liberty to apply to the CSA for a “change of assessment” if she considers that there are special circumstances in this case which may have rendered the child support assessment unfair.

9. As the Tribunal has reached the same conclusion as the objections officer, the decision under review will be affirmed.

DECISION

The decision under review is affirmed.