Mortimer and Beringer (Child support)

The Administrative Appeals Tribunal (AAT) considered a dispute between the liable parent, Mortimer, and the carer entitled to receive child support, Beringer, concerning a payment made by Mortimer. Mortimer sought to have a payment credited towards his child support liability, which he had mistakenly paid directly to Beringer instead of through the Child Support Registrar. Beringer had refused to credit this payment, leading to Mortimer's application to the AAT for review of the Registrar's decision to refuse the credit.

The primary legal issue before the Tribunal was whether a payment made by a liable parent directly to the carer entitled to receive child support, which was made mistakenly, should be credited against the liable parent's child support assessment. This required the Tribunal to determine the circumstances under which such a direct payment could be recognised as satisfying a child support obligation, particularly when the carer had not agreed to receive it in lieu of the official payment channel.

The Tribunal affirmed the decision under review, finding that for a payment made directly to the carer to be credited, there must have been a mutual intention between the liable parent and the carer that the payment would discharge the child support liability. In this instance, the payment was made mistakenly by Mortimer, and there was no evidence of Beringer's agreement or intention to accept the payment as satisfying Mortimer's child support obligations. Consequently, the payment did not meet the criteria for being credited against the assessed child support.