Hermann and Hermann (Child support)

The case of *Hermann and Hermann* concerned a dispute between the parties regarding child support payments. The applicant sought to have certain payments made to a third party credited against their child support liability. The matter came before the court for review of a decision made under the *Child Support (Registration and Collection) Act 1988* (Cth).

The primary legal issue before the court was whether payments made by the applicant to a third party, in lieu of direct child support payments to the respondent, constituted a "prescribed non-agency payment" that ought not to be credited against the applicant's child support assessment. This required the court to consider the intention of both parents regarding these payments and whether they were made in satisfaction of the child support obligation.

The court affirmed the decision under review, finding that the payments in question did not meet the criteria for a prescribed non-agency payment. The reasoning focused on the necessity for both parents to have intended the payments to be in lieu of child support. As this intention was not established, the payments were not to be credited against the applicant's child support liability.