Amberg and Lineker (Child support) - [2022] AATA 351

Amberg and Lineker (Child support) [2022] AATA 351 (4 January 2022)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2021/MC021766
APPLICANT:  Mr Amberg
OTHER PARTIES:  Child Support Registrar
Ms Lineker

TRIBUNAL:Member R Anderson
DECISION DATE: 04 January 2022
DECISION:

The tribunal sets aside the decision under review and, in substitution, decides that:

·         The departure decision of 16 March 2020 will cease on 31 March 2020;
·         The rate of child support payable by Mr Amberg in respect of [Child 1] for the period 1 April 2020 to 30 June 2021 is varied to $1,700 per annum;
·         The rate of child support payable by Mr Amberg in respect of [Child 1] for the period 1 July 2021 to 31 October 2021 is varied to $8,500 per annum;
·         The rate of child support payable by Mr Amberg in respect of [Child 1] for the period 1 November 2021 to 23 March 2022 is varied to $1,500 per annum;
·         The child support liability in respect of the period commencing 24 March 2022 is to revert to the administrative assessment, based on the most recently lodged tax returns of the parents; and
·         The rate of child support payable by Mr Amberg in respect of [Child 1] for the period 1 April 2020 to 31 December 2022 is to increase by $1,505 per annum.

CATCHWORDS

CHILD SUPPORT – departure determination – special needs of the child – income, property and financial resources of the liable parent – a ground for departure established – decision to depart – decision under review set aside and substituted

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

REASONS FOR DECISION

BACKGROUND

Mr Amberg and Ms Lineker are the parents of [Child 1]. According to records of Services Australia – Child Support (the Agency), the child support assessment was registered on 29 November 2012. The Agency commenced responsibility for the collection of child support from Mr Amberg in March 2013.
Prior to 23 August 2019, Mr Amberg was assessed to pay child support to Ms Lineker in respect of [Child 1] at the fixed annual rate of $1,443. It is open to either parent to lodge an application for a departure from the administrative assessment under Part 6A of the Child Support (Assessment) Act 1989 (the Act) if they consider the existing administrative assessment results in an unfair amount of child support payable by one parent. Following a departure (change of assessment) application lodged by Ms Lineker in August 2019, a decision was made by an objections officer on 16 March 2020 to depart from the administrative assessment such that Mr Amberg’s adjusted taxable income was varied to $85,000 until 30 June 2022. Furthermore, Mr Amberg was to make a 50% contribution to the education…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Amberg and Lineker (Child support)

Details

AGLC: Amberg and Lineker (Child support) [2022] AATA 351
Case: [2022] AATA 351
Decision Date: 4 January 2022

CaseChat Overview and Summary

This matter concerned an appeal by the liable parent, Amberg, against a departure determination made by the Child Support Registrar. The dispute centred on whether the Registrar had correctly determined that a departure from the usual child support assessment was warranted due to the special needs of the child. The appeal was heard by R Anderson M in the [Court Name].

The primary legal issue before the Court was whether the Registrar had erred in finding that the special needs of the child constituted a ground for departure under the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Court was required to consider whether the evidence presented supported the conclusion that the child had special needs that were not adequately met by the standard assessment, and whether the Registrar had properly considered the income, property, and financial resources of the liable parent in making the departure determination.

The Court reviewed the evidence and the Registrar's decision-making process. It was found that the Registrar had correctly identified the child's special needs and had applied the relevant legislative provisions. The Court affirmed that the existence of special needs, supported by appropriate evidence, can be a valid ground for departure. Furthermore, the Court was satisfied that the Registrar had adequately considered the financial circumstances of the liable parent when making the determination. Consequently, the Court found no error in the Registrar's decision to depart from the assessment.

The appeal was dismissed, and the departure determination made by the Child Support Registrar was affirmed.

Orders