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Key decisions

CHILD SUPPORT

Application for maintenance of step-child must be coupled with an application for child maintenance – FCC must follow FCA decisions unless plainly wrong

In Eames [2018] FamCAFC 204 (1 November 2018) the Full Court (Alstergren DCJ, Aldridge & Austin JJ) dismissed with costs the father’s appeal from Judge Bender’s summary dismissal of his application for credit of child support payments he made to third parties in respect of the parties’ children and a declaration that he was lawfully obliged to maintain his new partner’s step-children.

Judge Bender followed decisions of the Family Court of Australia to the effect that an application for maintenance of step-children under s 66M FLA must be coupled with an application for child maintenance under s 66F. The father appealed on the ground that there was FCC authority that contradicted that authority.

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