Aragona and Pacitto (Child support)

This matter concerned an appeal by the liable parent, Mr Aragona, against a departure determination made by the Registrar of the Child Support Agency. The determination had the effect of increasing the child support payable by Mr Aragona to the payee parent, Ms Pacitto. The dispute centred on the Registrar's assessment of Mr Aragona's income, property, and financial resources. The appeal was heard by Deputy Registrar T Bubutievski.

The primary legal issue before the Deputy Registrar was whether the Registrar's decision to depart from the usual child support assessment formula was justified. This required the Deputy Registrar to consider whether Mr Aragona's actual financial circumstances, including his income, property, and financial resources, were such that the standard assessment did not make proper or adequate provision for the child's maintenance. Specifically, the Deputy Registrar had to determine if the Registrar had erred in her assessment of Mr Aragona's capacity to pay.

The Deputy Registrar found that the Registrar had failed to properly consider all relevant information regarding Mr Aragona's financial position. The Registrar had not adequately taken into account certain expenses Mr Aragona was obliged to meet, nor had she fully appreciated the nature of his financial resources. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the Deputy Registrar concluded that the departure determination was not supported by the evidence and that the Registrar had made an error in her assessment.

Consequently, the Deputy Registrar set aside the Registrar's departure determination and substituted a new decision. This substituted decision meant that the child support payable by Mr Aragona was to be assessed according to the standard formula, rather than the increased amount determined by the Registrar.