Adkins and Michelmore (Child support)

This matter concerned an application by the respondent, Adkins, to set aside a child support departure determination made by the Child Support Registrar. The applicant, Michelmore, sought to uphold the Registrar's decision. The dispute centred on whether the Registrar had erred in finding that there were special circumstances justifying a departure from the formula assessment of child support.

The primary legal issue before the Tribunal was whether the Registrar’s finding of special circumstances, which allowed for a departure from the standard child support assessment, was correct. This required the Tribunal to consider the evidence presented regarding the financial positions and resources of both parties and determine if these circumstances met the threshold for a departure under the relevant legislation.

The Tribunal reviewed the evidence and the Registrar's findings. It was determined that the Registrar had made an error in law by failing to properly consider all relevant factors and by placing undue weight on certain aspects of the evidence. The Tribunal found that the circumstances did not amount to special circumstances as contemplated by the legislation, and therefore, the departure determination was not justified. Consequently, the Tribunal set aside the Registrar's departure determination and substituted its own decision.