Cady and Cady (Child support)

This matter concerned an appeal by Ms Cady regarding the collection of child support arrears from Mr Cady for the period of 27 August 2017 to 26 November 2017. The appeal was heard by a Tribunal constituted by Member Y Webb.

The central legal issue before the Tribunal was whether any unpaid child support amounts were due from Mr Cady for the specified arrears period. This required the Tribunal to determine the extent to which payments made by Mr Cady, specifically towards joint expenses such as mortgage repayments, council rates, and a car loan, should be considered in lieu of his child support obligations.

The Tribunal found that while Mr Cady's payments towards joint expenses did not meet Ms Cady's expectations, she had intended for him to make these repayments in lieu of child support. The Tribunal calculated that Mr Cady paid a total of $4,482.11 towards these joint expenses during the arrears period. Applying a 50% share to these payments, representing Ms Cady's portion of the joint expenses, resulted in an amount of $4,482.11 paid by Mr Cady in lieu of child support. As this amount exceeded his child support liability for the period, which was calculated at $4,212.42, the Tribunal concluded that there were no unpaid child support amounts outstanding.

Consequently, the Tribunal affirmed the decision that Mr Cady had no unpaid child support amounts applicable to the arrears period.