Dengale and Chaatouf (Child support)

The Administrative Appeals Tribunal (AAT) considered the matter of Dengale and Chaatouf concerning child support payments. The dispute centred on whether certain payments made by the father directly to the mother, prior to the recommencement of an active child support case, should be recognised as satisfying the father's child support obligations. The mother contended that these payments were not made for the purpose of child support and that there was no direct communication or intention on her part to accept them as such.

The Tribunal was required to determine whether the payments made by the father to the mother were to be treated as payments of child support under the relevant legislation. Specifically, the AAT had to assess whether these direct payments met the criteria for being recognised as satisfying the father's child support liability, notwithstanding the absence of an active child support assessment at the time of payment and the mother's lack of intention to receive them as such.

The Tribunal affirmed the decision under review, finding that the payments made by the father did not qualify as child support payments. The reasoning applied was that for payments to be recognised as satisfying child support obligations, they must be made for a prescribed purpose and, in circumstances where there is no active assessment, there must be a clear intention by both parties that the payments are for child support. In this instance, the Tribunal found no evidence of such intention from the mother, nor that the payments were made for any prescribed purpose under the Child Support (Registration and Collection) Act 1988.