Jepson and Jepson (Child support)

[2023] AATA 3394

Jepson and Jepson (Child support) [2023] AATA 3394 (29 September 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2023/BC026513

APPLICANT:  Mr Jepson

OTHER PARTIES:  Child Support Registrar

Mrs Jepson

TRIBUNAL:Senior Member K Dordevic

DECISION DATE:  29 September 2023

CATCHWORDS

CHILD SUPPORT – dismissal of application for review - particulars of the administrative assessment – no reasonable prospect of success - application for review dismissed

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.

DISMISSAL OF APPLICATION FOR REVIEW:

1. The Tribunal is satisfied that the application for review has no reasonable prospect of success and dismisses the application for review pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 (AAT Act).

2. The reasons for this decision are set out in the following paragraphs.

3. A child support assessment has been registered with the Services Australia -Child Support (Child Support) since 25 July 2017 in respect of the parents’ four children.

4. On 6 February 2023 the father advised that he had made four separate payments in regard to the children’s health and sought to have them credited to his child support liability as non-Agency payments.

5. On 1 March 2023 Child Support refused the application determining that there was no mutual intention that these payments were in lieu of child support and further that these payments could not be credited as prescribed non-Agency payments as the children are in the parents’ shared care.

6. On 2 March 2023 the father lodged an objection to the decision. His objection was disallowed on 14 July 2023.

7. The father then lodged an application to this Tribunal on 1 August 2023.

8. On 8 September 2023 the father participated in an Early Case Appraisal Conference. It was explained to him that the decision made by child support was factually and legally correct and therefore it was not possible for him receive a more favourable outcome should he continue with his application.

9. On 11 September 2023the Tribunal wrote to the father stating:

   As discussed at your Early Case Assessment Conference, the Tribunal is considering whether to dismiss your application under section 42B(1)(a) of the Administrative Appeals Tribunal Act 1975 on the basis that the application has no reasonable prospect of success.

   You have 21 days from the date of this letter to give us any evidence or written submission that you wish to have considered before that decision is considered.

10. On 13 September 2023 the father provided written submissions, which are summarised as follows. He advocated that the matter proceed to hearing on the basis that the mother schedules medical appointments for their children whilst they are in his care and so he must meet those costs. He went on to state that if they had remained a couple, they would have split the medical costs and he would not have had to miss work to attend these appointments. He believes the aim of the Child Support system and the legislation underpinning that system is to support the children and by him having to continually miss work and make additional payments over and above his child support he is under considerable financial strain. He concluded by stating that he is contributing to the children's costs well above his share and alleged financial abuse that is being supported by both Child Support and this Tribunal.

11. In view of there being no submission or evidence received from the father to contradict the findings made by Child Support and that, under the relevant legislation, a more favourable outcome than that is currently in place is not available, the Tribunal is satisfied that the application for review has no reasonable prospect of success and so dismisses the application pursuant to subsection 42B(1) of the AAT Act.