Martinez and Bautista (Child support)

The matter of *Martinez and Bautista (Child Support)* concerned a dispute between the parties regarding child support payments. The applicant, Martinez, sought to have certain payments made to a third party recognised as satisfying the child support obligations owed to the respondent, Bautista. The decision under review was made by the Child Support Registrar.

The primary legal issue before Member J Longo was whether payments made by the applicant to a third party, rather than directly to the respondent, could be considered valid child support payments. This required the court to determine the intention of both parents concerning these payments and whether they were made in lieu of the statutory child support obligations.

Member J Longo affirmed the decision of the Child Support Registrar, finding that the payments made to the third party were not intended by both parents to be in lieu of child support. The court applied the principle that for a payment to a third party to discharge a child support liability, there must be a clear intention on the part of both the liable parent and the payee parent that the payment is being made in satisfaction of that obligation. In this instance, such a mutual intention was not established.