Wilde and Carey (Child support)

This matter concerned an appeal by the applicant, Wilde, against a decision of the Child Support Registrar. The dispute centred on whether certain payments made by Wilde to Carey, the respondent, should be credited against a child support liability that had been registered with the Child Support Agency. Wilde contended that these payments, made during a period when a legally enforceable maintenance liability existed, should be recognised as satisfying part of that liability.

The primary legal issue before the court was whether payments made by a liable parent to a payee, which were not made through the Child Support Agency, could be credited against a registered child support liability for the period during which the liability was enforceable. The court was required to interpret the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) concerning the crediting of payments against child support debts.

The Senior Member, Ellis SM, affirmed the decision of the Child Support Registrar. The court reasoned that section 44 of the *Child Support (Registration and Collection) Act 1988* (Cth) dictates that payments made to a payee directly, rather than through the agency, can only be credited against a child support liability if they are made during a period when there was no enforceable maintenance liability. As the payments in question were made during a period when an enforceable liability existed, they could not be credited against that liability. The court found that the legislative intent was to ensure that payments were made through the agency to maintain a clear record and facilitate proper administration of child support obligations.