Odell and Tonner (Child support)

This matter concerned an appeal to the Federal Circuit Court of Australia regarding a decision of the Child Support Registrar. The appeal was brought by the father, Mr Odell, against the Registrar's decision that certain payments made by him to a third party were not to be treated as child support payments made to the mother, Ms Tonner. The core of the dispute was whether these payments, made to the father's parents, were intended by both parents to be in lieu of child support.

The primary legal issue before the Court was whether the payments made by Mr Odell to his parents constituted payments made to a third party in lieu of child support, as contemplated by the *Child Support (Registration and Collection) Act 1988* (Cth). This required the Court to determine whether both parents had intended these payments to discharge Mr Odell's child support obligations to Ms Tonner.

The Court affirmed the Registrar's decision, finding that there was no evidence to suggest that both parents had intended the payments to Mr Odell's parents to be in lieu of child support. The legislation requires a clear intention from both parties for such an arrangement to be recognised. In the absence of this mutual intention, the payments were not to be credited against Mr Odell's child support liability.

The appeal was dismissed, and the decision of the Child Support Registrar was affirmed.