Herreira and Aguilar (Child support)

[2023] AATA 2660

Herreira and Aguilar (Child support) [2023] AATA 2660 (30 June 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2023/SC025552

APPLICANT:  Ms Herreira

OTHER PARTIES:  Child Support Registrar

Mr Aguilar

TRIBUNAL:Member P Jensen

DECISION DATE:  30 June 2023

DECISION:

The decision under review is set aside and, in substitution, Mr Aguilar’s payment of $100.08 on 17 November 2022 is not credited as a prescribed non-agency payment pursuant to section 71C of the Child Support (Registration and Collection) Act 1988.

CATCHWORDS

CHILD SUPPORT – non-agency payment – prescribed payment – not a payer of an enforceable maintenance liability – decision under review set aside and substituted

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted 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 Aguilar and Ms Herreira are the parents of [Child 1]. A child support case was registered from 20 July 2022. To adopt the wording of one of the requirements of section 71C of the Child Support (Registration and Collection) Act 1988 (the Act), Mr Aguilar was “the payer of an enforceable maintenance liability” for the duration of the child support case.

2. On 25 November 2022, Child Support decided to credit a payment by Mr Aguilar of $100.08 on 17 November 2022 against his child support liability pursuant to section 71C of the Act. Ms Herreira objected to that decision.

3. On 10 January 2023, Child Support decided to record Ms Herreira and Mr Aguilar as providing 0% care for [Child 1] from 30 September 2022. It consequently decided to end the child support case from 30 September 2022. Ms Herreira objected to that care decision.

4. On 2 February 2023 an objections officer disallowed Ms Herreira’s objection to the decision to credit the payment of $100.08. The objections officer did not refer to the fact that the child support case had ended on 30 September 2022.

5. On 5 March 2023 an objections officer disallowed Ms Herreira’s objection to the care decision.

6. Ms Herreira applied to the Tribunal for review of both objections officers’ decisions. I heard the matters on 30 June 2023. I affirmed the care decision. I then noted that when Mr Aguilar made the payment of $100.08, he was not “the payer of an enforceable maintenance liability” due to the retrospective effect of the care decision. Mr Aguilar agreed that the payment could not be credited pursuant to section 71C of the Act.

DECISION

The decision under review is set aside and, in substitution, Mr Aguilar’s payment of $100.08 on 17 November 2022 is not credited as a prescribed non-agency payment pursuant to section 71C of the Child Support (Registration and Collection) Act 1988.