Engman and Engman (Child support)

Case

[2021] AATA 2910

28 June 2021


Details
AGLC Case Decision Date
Engman and Engman (Child support) [2021] AATA 2910 [2021] AATA 2910 28 June 2021

CaseChat Overview and Summary

The matter of *Engman and Engman* concerned a dispute over child support payments, specifically whether a payment made for school fees qualified as a "prescribed payment" under the relevant legislation. The decision was made by Member Baulch of the Child Support Special Powers Division.

The central legal issue before the court was to determine if the payment made by the father for the child's school fees, which was not made prior to the credit being applied for, constituted a prescribed payment for the purposes of the child support assessment. This involved interpreting the definition of "prescribed payment" and the timing requirements for such payments.

Member Baulch affirmed the decision under review, finding that the payment for school fees did not meet the criteria for a prescribed payment. The reasoning likely centred on the specific wording of the legislation regarding when such payments must be made in relation to the application for credit, and the father's failure to meet this temporal requirement meant the payment could not be recognised as a prescribed payment for child support purposes.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Statutory Construction

  • Remedies

  • Judicial Review

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