Zieske and McNary (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding child support. The appellants, Zieske and McNary, sought to challenge a decision made by a Registrar concerning the assessment of child support payable by Mr McNary to Ms Zieske. The core of the dispute revolved around the proper characterisation of certain payments made by Mr McNary to Ms Zieske, and whether these payments should be considered child support or a private arrangement.

The primary legal issue before the Full Court was whether the Registrar had erred in law by failing to properly consider the evidence presented regarding the nature of the payments. Specifically, the court had to determine if the payments were made pursuant to the *Child Support (Registration and Collection) Act 1988* (Cth) or if they were voluntary contributions outside the statutory scheme. This involved an examination of the parties' intentions and the circumstances surrounding the payments.

The Full Court found that the Registrar had made an error of law by not adequately assessing the evidence concerning the parties' agreement and conduct. The court reiterated the principle that payments made voluntarily, without an intention to discharge a legal obligation under the *Child Support (Assessment) Act 1989* (Cth), cannot be retrospectively credited as child support. The court emphasised the importance of clear evidence demonstrating an intention to satisfy a child support liability for payments to be recognised as such. The appeal was allowed, and the matter was remitted to the Family Court for redetermination.