Kruse and Andreas (Child support)

The Administrative Appeals Tribunal (AAT) considered the dispute between Kruse and Andreas concerning child support payments. The central issue was whether a payment made by Andreas to a third party for swimming lessons for the child constituted a payment made in lieu of child support, thereby satisfying Andreas's child support obligations. The AAT was tasked with reviewing a decision made under the *Child Support (Registration and Collection) Act 1988* (Cth).

The primary legal question before the Tribunal was whether the payment for swimming lessons was made with the intention of both parents that it would be in lieu of child support. This required the Tribunal to ascertain the subjective intentions of both Kruse and Andreas at the time the payment was made and to determine if there was a mutual understanding that this expenditure would discharge Andreas's child support liability.

The Tribunal found that the evidence established the intention of both parents that the payment for swimming lessons was to be in lieu of child support. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning non-agency payments, focusing on the mutual agreement and intention of the parties. Having determined that such an intention existed, the Tribunal set aside the previous decision and substituted its own. The Tribunal ordered that the decision under review be set aside and substituted with a new decision reflecting that the payment for swimming lessons was accepted as being in lieu of child support.