Cowden and Cowden (Child support)

This matter concerned an appeal by the father, Mr Cowden, against a decision of the Child Support Registrar. The dispute centred on whether a payment made by the father towards the mortgage on the former matrimonial home, which was occupied by the mother and the children, constituted a "prescribed payment" for the mother's share of the home loan, and therefore should be credited against his child support liability.

The primary legal issue before the court was whether the father's mortgage payment qualified as a prescribed payment under the relevant legislation, specifically the *Child Support (Registration and Collection) Act 1988* (Cth). This required the court to determine if the payment met the criteria for being credited against child support obligations, thereby reducing the amount payable by the father.

The court affirmed the decision of the Child Support Registrar, finding that the payment made by the father towards the mortgage was indeed a prescribed payment for the mother's share of the home loan. The reasoning applied was that the payment satisfied the legislative requirements for such a credit, effectively reducing the father's outstanding child support liability by the amount of the mortgage payment. The court concluded that the payment had been correctly credited.