Gladwin and Gladwin (Child support)

[2020] AATA 1026

Gladwin and Gladwin (Child support) [2020] AATA 1026 (16 March 2020)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2019/MC018039

APPLICANT:  Mr Gladwin

OTHER PARTIES:  Child Support Registrar

Ms Gladwin

TRIBUNAL:Member S Letch

DECISION DATE:  16 March 2020

DECISION:

The decision under review is affirmed.

CATCHWORDS

CHILD SUPPORT - opt-in arrears - whether there were unpaid amounts - application for collection of unpaid amounts should be accepted - decision under review affirmed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

REASONS FOR DECISION

1. Mr Gladwin has been assessed by the Child Support Agency (CSA) as liable to pay child support to Ms Gladwin. There has been a private collection arrangement in place since 2018.

2. On 3 September 2019, Ms Gladwin contacted the CSA to request that it collect child support under the existing child support assessment on her behalf. She also requested that the CSA collect three months of arrears ($825.11) for the period 1 August 2019 to 2 September 2019 (“the arrears period”).

3. On 5 September 2019, the CSA accepted Ms Gladwin’s application to collect, and to collect arrears of $825.11.

4. Mr Gladwin objected to the decision on 17 September 2019. He produced text messages from Ms Gladwin indicating she would not pursue further child support payments, which Mr Gladwin suggests should effectively be binding. He suggests it unfair that the CSA should be able to intrude three months in the past to collect arrears, and discard what was a “private arrangement”.

5. On 22 November 2019, Mr Gladwin’s objection was disallowed. Mr Gladwin applied for further review by the Tribunal on 16 December 2019. Mr Gladwin and Ms Gladwin participated in the Tribunal’s hearing by conference telephone.

6. Simply put, the CSA was required to accept Ms Gladwin’s application for collection of unpaid arrears for the three-month arrears period: section 28A of the Child Support (Registration and Collection) Act 1988 (the Act). There was no dispute that the amounts had not been paid.

7. Any representations by Ms Gladwin by text, or any other informal agreement that may have existed between the parties, does not operate to exclude the child support regime. Whilst the Tribunal understood Mr Gladwin’s belief that allowing a period of three-month arrears period is unfair, the CSA, and the Tribunal, is required to apply the legislation, which requires that Ms Gladwin’s application be accepted.

8. As the Tribunal has reached the same conclusion as the objections officer, the decision under review will be affirmed.

DECISION

The decision under review is affirmed.