Mattucci and Atteberry (Child support)

[2020] AATA 5568

Mattucci and Atteberry (Child support) [2020] AATA 5568 (10 November 2020)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2020/BC019940

APPLICANT:  Mr Mattucci

OTHER PARTIES:  Ms Atteberry

Child Support Registrar

TRIBUNAL:Member P Jensen

DECISION DATE:  10 November 2020

DECISION:

The decision under review is set aside and, in substitution, the payment of $210.33 that was made on 1 June 2020 is credited pursuant to section 71A of the Child Support (Registration and Collection) Act 1988.

CATCHWORDS

CHILD SUPPORT – non-agency payment – whether payment made to a third party in lieu of child support – intention of both parents – decision under review set aside and substituted

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.

REASONS FOR DECISION

1. Mr Mattucci and Ms Atteberry are the parents of [Child 1] and [Child 2]. A child support case was registered in 2019 with what is commonly called the Child Support Agency or CSA. Mr Mattucci is the parent who is required to pay child support.

2. Section 71A of the Child Support (Registration and Collection) Act 1988 (“the Act”) allows the paying parent to make payments to third parties and, if certain requirements are satisfied, the payment can be credited against the payer’s child support liability. Such payments are known as non-agency payments.

3. In April 2020, [Child 2] had orthodontic aligners fitted to her teeth. The orthodontist required an initial payment of $2,720.00 and 18 monthly payments of $209.50. Mr Mattucci and Ms Atteberry agreed that if Mr Mattucci made those payments, they could be credited against his child support liability.

4. On 2 June 2020, Mr Mattucci informed the CSA that on 1 June 2020 he paid $209.50 to [Child 2’s] orthodontist, and he applied to have the payment credited as a non-agency payment. The CSA asked him to provide proof that he had made that payment. He did not provide that proof. An original decision-maker, and later an objections officer, decided to not credit the payment. He applied to the Tribunal for further review.

5. Meanwhile, payments of $210.33 that were made in July, August and September 2020  were credited as non-agency payments.

6. I heard the matter on 10 November 2020. Mr Mattucci belatedly made himself available to participate in the hearing. He and Ms Atteberry gave sworn evidence by conference phone.

7. During the hearing, Mr Mattucci sent an email to the Tribunal registry and to Ms Atteberry which included a screenshot of a payment of $210.33 that he made on 1 June 2020 to [Child 2’s] orthodontist. Mr Mattucci explained that the payment of $209.50 attracted a transaction fee which brought the total payment to $210.33. Ms Atteberry agreed to the payment of $210.33 being credited as a non-agency payment, and it is appropriate to make a decision in those terms: sections 71A and 71D of the Act.

DECISION

The decision under review is set aside and, in substitution, the payment of $210.33 that was made on 1 June 2020 is credited pursuant to section 71A of the Child Support (Registration and Collection) Act 1988.