Lotender and Lotender (Child support)

The dispute in *Lotender and Lotender* concerned an application for child support payments. The applicant sought to have payments made directly to them, rather than through the Child Support Agency. The core of the disagreement revolved around funds withdrawn from a joint bank account, with the applicant asserting these withdrawals constituted child support payments. The matter was heard by Senior Member K Dordevic.

The primary legal issue before the Senior Member was whether the funds withdrawn from the joint account qualified as child support payments under the relevant legislation. This required determining if there was a joint intention or agreement between the parties that these withdrawals would be treated as child support, and whether the applicant had at least regular care of the children, a prerequisite for non-agency payments.

Senior Member Dordevic reasoned that for a non-agency payment to be recognised, there must be a clear intention and agreement between the parties that the payment is being made for child support. The evidence did not establish that the withdrawals from the joint account were made with such an intention or agreement. Furthermore, the applicant did not demonstrate that they had at least regular care of the children, which is a fundamental requirement for the court to consider making orders for non-agency payments. Consequently, the Senior Member affirmed the decision under review.