Downer and Downer (Child support)

This matter concerned an appeal to the Child Support Registrar concerning decisions made by a Senior Child Support Registrar regarding the crediting of certain payments made by the father, Mr Downer, to the mother, Ms Downer, for the benefit of their child. The dispute centred on whether specific payments made by the father should be recognised as child support payments under the *Child Support (Registration and Collection) Act 1988* (Cth).

The primary legal issues before the Registrar were whether payments made by the father for the child's school fees and orthodontic costs constituted "non-agency payments" that could be credited against his child support liability. Specifically, the Registrar had to determine if these payments met the criteria for being prescribed payments for school fees and if orthodontic costs were a valid deduction or credit.

The Registrar reasoned that while payments for school fees could be recognised as child support if they were prescribed payments and made in accordance with the Act, the specific payments made by the father for school fees were not prescribed in the relevant manner and therefore could not be credited. However, the Registrar found that orthodontic costs, being a necessary expense for the child, were correctly credited as a non-agency payment. Consequently, the decision under review regarding the school fees was set aside and substituted with a decision that those payments were not to be credited, while the decision regarding the orthodontic costs was affirmed.