Karlsen and Karlsen (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by the father, Mr. Karlsen, concerning child support arrears. The dispute centred on whether there were unpaid child support amounts within a specified period, and whether the application for the collection of these unpaid amounts should have been accepted. The decision under review was affirmed.

The Tribunal was required to determine whether the father had established that there were unpaid child support amounts for the period in question. This involved assessing the evidence presented regarding payments made and amounts due under the child support assessment. The Tribunal also had to consider the criteria for accepting an application for the collection of unpaid child support.

The Tribunal's reasoning focused on the evidence of payments made by the mother. It was found that the mother had made payments that exceeded the assessed child support liability for the relevant period. Consequently, there were no unpaid amounts for which the father could seek collection. The legal principle applied was that arrears can only be collected if there is a demonstrable shortfall in payments against the assessed liability.

The Tribunal affirmed the decision under review, meaning the father's application for the collection of child support arrears was not accepted.