Scrubb and Scrubb (Child support)

The case of *Scrubb and Scrubb* concerned a dispute over child support payments. The applicant sought to have certain payments made directly to the respondent, the child's parent, credited against their child support liability. The respondent argued that these payments were not prescribed payments and therefore could not be credited. The matter came before the court for review of a decision made by the Child Support Registrar.

The central legal issue before the court was whether payments made directly by the applicant to the respondent, which were not made through the Child Support Agency, could be recognised as satisfying the applicant's child support obligations. This involved determining whether the payments met the criteria for "prescribed payments" under the relevant legislation, and if so, whether they could be credited despite the care level of the children involved.

The court affirmed the decision under review, finding that there was no mutual intent between the parties that the direct payments would be treated as child support. Crucially, the court determined that even if the payments could be considered prescribed payments, they could not be credited against the applicant's liability because the care level of the children meant that the respondent was not entitled to receive child support from the applicant at that time. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the nature of prescribed payments and the conditions for crediting such payments.