Herreira and Aguilar (Child support)

The matter of *Herreira and Aguilar* concerned a dispute regarding child support payments, brought before the court for review. The central issue revolved around whether a payment made by Mr. Aguilar to Ms. Herreira constituted a "prescribed payment" and whether Mr. Aguilar was a "payer of an enforceable maintenance liability" within the meaning of the relevant legislation. The decision under review was challenged, leading to the court's examination of these specific aspects of child support law.

The court was required to determine whether the payment in question qualified as a prescribed payment, a classification that carries specific legal implications under the *Child Support (Registration and Collection) Act 1988*. Furthermore, the court had to ascertain if Mr. Aguilar could be considered a payer of an enforceable maintenance liability, a determination that would impact the nature and enforceability of the child support arrangement.

In its reasoning, the court analysed the nature of the payment made by Mr. Aguilar and its compliance with the statutory definition of a prescribed payment. The court considered the circumstances surrounding the payment and whether it met the criteria established by the Act. Ultimately, the court found that the payment did not meet the requirements to be considered a prescribed payment, and consequently, Mr. Aguilar was not deemed to be a payer of an enforceable maintenance liability in this context. The court set aside the previous decision and substituted its own findings.