Simpson and Simpson (Child support)

This matter concerned an appeal to the Child Support Registrar (the Registrar) regarding a child support assessment. The parties, referred to as Simpson and Simpson, disputed whether certain school fees paid by the non-resident parent should be credited against their child support liability. The Registrar reviewed a previous decision made by a Senior Child Support Registrar.

The primary legal issue before the Registrar was whether the school fees paid by the father constituted a "prescribed payment" under the *Child Support (Registration and Collection) Act 1988* (Cth) that could be credited against his child support assessment. Specifically, the Registrar had to determine if the conditions for such a credit, as outlined in the legislation, were met, particularly concerning the absence of a mutual intention between the parties to treat these payments as satisfying child support obligations.

The Registrar reasoned that while there was no express mutual intention for the school fees to be treated as child support, the payments nonetheless satisfied the conditions for a prescribed payment. This was because the payments were made for the child's education and were of a kind that could be credited under the relevant provisions of the Act. Consequently, the Registrar found that the previous decision had erred in not allowing the credit.

The Registrar set aside the previous decision and substituted it with a new decision that credited the school fees paid by the father against his child support assessment.