McLean and Corddry (Child support)

McLean and Corddry concerned a dispute regarding child support payments. The applicants, McLean and Corddry, sought to have certain payments made to their child recognised as satisfying a child support liability. The matter came before the court for review of a previous decision.

The central legal issue before the court was whether payments made directly to a child, at a time when no formal child support liability was in place, could be considered as satisfying a subsequent or existing child support liability. Specifically, the court had to determine if these payments were made with the mutual intention of satisfying an enforceable maintenance liability.

The court reasoned that for payments made to a third party, such as a child, to be considered as satisfying a child support liability, there must be a clear and mutual intention between the parties that such payments were made in lieu of, and in satisfaction of, an enforceable child support obligation. In this instance, the court found that the payments were made at a time when no such liability existed, and there was no evidence to suggest a mutual agreement that these payments would discharge any future or existing child support debt. Consequently, the court set aside the previous decision and substituted its own orders.