Huntingdon and Huntingdon (Child support) - [2019] AATA 3846

Huntingdon and Huntingdon (Child support) [2019] AATA 3846 (22 July 2019)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2019/MC016426
APPLICANT:  Mr Huntingdon
OTHER PARTIES:  Child Support Registrar
Ms Huntingdon

TRIBUNAL:Member M Baulch
DECISION DATE: 22 July 2019
DECISION:

The tribunal set aside the decision under review and, in substitution, decided that Mr Huntingdon owes Ms Huntingdon child support of $273.93 in respect of the period 2 July 2018 to 30 September 2018.

CATCHWORDS

CHILD SUPPORT – opt-in arrears - whether there were unpaid amounts – periods to which payments relate – application for collection of unpaid amounts should only be partially accepted – 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 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

BACKGROUND

This application for review is about Mr Huntingdon’s liability to pay child support to Ms Huntingdon.
The Child Support (Assessment) Act 1989 provides for an administrative assessment of the child support payable by one parent to the other. It uses a statutory formula which contains variables such as the parents’ adjusted taxable incomes, the number of children and the percentages of care.
Mr Huntingdon and Ms Huntingdon are the separated parents of two children. Since 11 January 2018 Mr Huntingdon has been assessed as liable by the Department of Human Services – Child Support (the Department) to pay child support to Ms Huntingdon in respect of those children.
On 1 October 2018, Ms Huntingdon contacted the Department and requested that the Department collect Mr Huntingdon’s child support liability on her behalf. She is also recorded as having requested that the Department collect outstanding child support amounts for the period 2 July 2018 to 30 September 2018.
On 16 October 2018 a Departmental employee decided to accept the request to collect child support on Ms Huntingdon’s behalf and, on 6 November 2018, accepted the request to collect arrears of child support for the period 2 July 2018 to 30 September 2018 that were determined to be the amount of $1,352.75 (the decision under review).
Mr Huntingdon objected to that decision and that objection was disallowed. Mr Huntingdon has now applied to this tribunal for an independent review of the Department’s decision.
A hearing into the application for review was held by the tribunal on 10 July 2019. Mr Huntingdon and Ms Huntingdon both participated in the hearing by conference telephone and both gave evidence during the hearing. A representative of the Child Support Registrar did not participate in the hearing.
On 10 July 2019 the tribunal deferred determining the application for review, to request that the Department provide evidence as to Mr Huntingdon’s assessed child support liability for the period 2 July 2018 to 31 August 2018. On 22 July 2019, the Department responded to the tribunal…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Huntingdon and Huntingdon (Child support)

Details

AGLC: Huntingdon and Huntingdon (Child support) [2019] AATA 3846
Case: [2019] AATA 3846
Decision Date: 22 July 2019

CaseChat Overview and Summary

The case of *Huntingdon and Huntingdon (Child Support)* concerned a dispute between the parties regarding alleged unpaid child support amounts. 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 there were indeed unpaid child support amounts, and if so, to which specific periods those outstanding payments related. The court was required to determine the validity and extent of the claimed arrears.

The court's reasoning focused on the interpretation of the relevant provisions of the *Child Support (Registration and Collection) Act 1988* concerning the collection of unpaid child support. It was found that the application for the collection of unpaid amounts should only be partially accepted, indicating that not all of the claimed arrears were substantiated. Consequently, the decision under review was set aside and substituted with a new determination.

Orders