There has been some recent media interest in a decision handed down by the Federal Magistrates' Court where a Mother was ordered to hand back child support of almost $13,000 after DNA tests confirmed that he was not the father of her 14 year old child.

The discovery

The child was born during the marriage of the parties, however, during the child's life it became apparent that the child did not look like the Father. After the parties had separated and divorced, the Father organised a paternity test without consent of the Mother. The test revealed the 'Father' was not the biological Father of the child. When the Father became aware of the child's paternity he stopped seeing the child, and advised the Mother of his intention to commence court proceedings to recover money paid by him.

Court Applications

The Father made an Application to the Court that he was not assessed under section 107 of the Child Support (Assessment) Act 1989 (“Act”) as having to pay costs of the child on the basis that he was not the child's Father.

The Father also made an Application under section 143 of the Act that the Respondent repay money paid by him towards the child's School fees; holidays; reimbursement of parentage test; money paid to the Child Support Agency and his legal costs.

Repayment Orders

The Court made an Order requiring the Mother to repay $12,693.34 over a 12 month period to the Father in child support that he had paid to the Child Support Agency, and an additional $4,038.50 in legal costs calculated on scale to be repaid over a period of 4 months.

The Court didn’t make an Order for the payment of holidays or school fees because it ruled the Court didn’t have capacity to make an Order for repayment of costs made on a voluntary basis between the Father and Mother. The Court also didn’t make an Order for repayment of the costs of the paternity test because the Mother didn’t give consent for the test.

If you require any assistance in relation to child support or any other Family Law matter please contact our Head of Family Law Natalie Fielding by email or on 9629 9629.