Voaden and Child Support Registrar (Child support)

This matter concerned an appeal by Voaden against a decision of the Child Support Registrar concerning the assessment of child support. The dispute centred on whether certain payments made by Voaden to the child's mother constituted child support or were instead payments for the child's private school fees. The case was heard by SM Benk in the Magistrates Court of Western Australia.

The primary legal issue before the Court was to determine the characterisation of the payments made by Voaden. Specifically, the Court had to ascertain whether these payments were intended to be child support under the *Child Support (Registration and Collection) Act 1988* (Cth) or were voluntary contributions towards the child's education expenses, separate from any statutory child support obligations.

SM Benk reasoned that the intention of the parties at the time the payments were made was crucial. The Court considered the wording of any relevant agreements, the conduct of the parties, and the overall circumstances surrounding the payments. The legal principle applied was that payments made voluntarily for private school fees, without an intention to discharge a statutory child support liability, would not be credited against a child support assessment. The Court found that the payments made by Voaden were intended to cover the child's private school fees and were not made with the intention of discharging his child support obligations.

Consequently, the Court dismissed Voaden's appeal, upholding the Child Support Registrar's assessment.