Osmond and Adeel (Child support)

[2018] AATA 87

Osmond and Adeel (Child support) [2018] AATA 87 (5 January 2018)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2017/MC012983

APPLICANT:  Mr Osmond

OTHER PARTIES:  Child Support Registrar

Ms Adeel

TRIBUNAL: Deputy President J Walsh

DECISION DATE:   5 January 2018

CATCHWORDS

Child support – Non-agency payments – No mutual intent – No reasonable prospect of success – Application for review dismissed under paragraph 42B(1)(b)

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed 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.

DISMISSAL OF APPLICATION FOR REVIEW:

1. Mr Osmond made payments of $80 to each of his two children on 1 April, 1 June, 1 July and 1 August 2017. He considered these payments should be regarded as child support payments. However, the law in section 71A of the Child Support (Registration and Collection) Act 1988 requires that Ms Adeel also intended that these payments count as child support.

2. She was not informed of the payments at the time and had no input into them being made. At a directions hearing today, she confirmed she was not prepared to agree to the payments counting as child support. It follows Mr Osmond is unable to meet the requirement that both parents intended the payments be regarded as child support.

3. In the circumstances, his application cannot succeed. It is therefore appropriate to dismiss his application under subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 (AAT Act) on the basis of no reasonable prospect of success. I determine accordingly.