Mattucci and Atteberry (Child support)

This matter concerned an application by Mr Mattucci for review of a decision by the Child Support Registrar not to credit a payment made to a third party against his child support liability. Mr Mattucci and Ms Atteberry are the parents of two children, and a child support case was registered in 2019, with Mr Mattucci being the liable parent. The dispute arose when Mr Mattucci sought to have a payment made to his child's orthodontist treated as a non-agency payment under section 71A of the Child Support (Registration and Collection) Act 1988.

The primary legal issue before the Tribunal was whether a payment made by Mr Mattucci to his daughter's orthodontist on 1 June 2020, in lieu of child support, satisfied the requirements of section 71A of the Act to be credited against his child support liability. This involved determining the intention of both parents regarding the payment and whether sufficient proof of the payment could be provided. The Tribunal also considered subsequent payments that had been credited as non-agency payments.

The Tribunal's reasoning focused on the intention of both parents to treat the payment as a non-agency payment, which is a key requirement under section 71A of the Act. Despite initial difficulties in providing proof of the payment, Mr Mattucci subsequently provided evidence, including a screenshot of the transaction, which showed a payment of $210.33 made to the orthodontist on 1 June 2020. Ms Atteberry also gave sworn evidence agreeing to the payment being credited. The Tribunal found that the payment, including a transaction fee, was made with the agreement of both parents and therefore satisfied the criteria for a non-agency payment.

The Tribunal set aside the original decision and substituted an order that the payment of $210.33 made on 1 June 2020 be credited to Mr Mattucci's child support liability pursuant to section 71A of the Child Support (Registration and Collection) Act 1988.