Barkworth and Barkworth (Child support)

This matter concerned an application by the mother for a departure determination regarding child support payable by the father. The dispute centred on whether the administrative assessment of child support was unjust and inequitable due to the father's income, property, and financial resources. The decision was made by Member S Hoffman of the Tribunal.

The primary legal issue before the Tribunal was to determine if a ground for departure existed under subparagraph 117(2)(c)(ia) of the Act. This ground is established if, in the special circumstances of the case, the administrative assessment of child support would result in an unjust and inequitable determination due to the income, property, and financial resources of either parent. The Tribunal also considered the parties' stated desires for a fair outcome and their willingness to forgo pursuing certain issues raised during the process.

The Tribunal's reasoning focused on assessing the father's income. It noted the father's taxable income for previous financial years and his commencement of employment as a [Occupation 1] in January 2023. Based on a payslip covering January to June 2023, the Tribunal calculated an annual equivalent gross pay of $110,580, which it adjusted to $103,000 after allowing for deductions. For the 2023-24 financial year, a further payslip indicated an annual gross pay of $112,768, which the Tribunal estimated as $105,000 after deductions. The Tribunal acknowledged the father's statement about having a second child support case and deductions from his pay exceeding the assessed liability, but noted it could not confirm the exact mechanism for arrears payments from the provided documentation.

The Tribunal determined that the father's income for child support purposes was adequately reflected by $103,000 for the period from 11 January 2023 to 30 June 2023, and $105,000 for the 2023-24 financial year. The decision under review was set aside and substituted with a new determination based on these income figures.