Gowland and Orton (Child support)

The case of *Gowland and Orton (Child support)* concerned a dispute between two parents regarding child support payments. The matter came before the court for determination by SM Dordevic.

The primary legal issue before the court was whether the father, Mr. Gowland, had met his obligations under the *Child Support (Registration and Collection) Act 1988* (Cth) and the *Child Support (Assessment) Act 1988* (Cth) in relation to the child support payable for his child with Ms. Orton. Specifically, the court had to consider the father's assertion that he had made payments directly to the mother, thereby discharging his liability, and whether these direct payments were to be credited against his assessed child support liability.

SM Dordevic considered the relevant legislative provisions and the evidence presented by both parties. The court applied the principle that child support payments are generally to be made through the Child Support Registrar, and direct payments to the payee parent are only recognised as satisfying the liability if specific conditions are met, such as an agreement between the parties or a court order to that effect. In this instance, the court found that the father had not provided sufficient evidence to demonstrate that any direct payments made were in accordance with the legislative requirements for them to be credited against his assessed child support debt.

Consequently, the court found that the father remained liable for the assessed child support payments.