Beare and Maurizio (Child support)

Mr Beare sought a review of a decision by the Child Support Registrar, which affirmed a prior decision allowing Ms Maurizio’s objection to a change of assessment. The original decision-maker had found a ground to depart from the child support formula due to high childcare costs but ultimately determined it was not just and equitable to do so. The dispute concerned whether Ms Maurizio’s childcare costs for their child, [Child 1], exceeded 5% of her adjusted taxable income, thereby establishing a ground for departure.

The Tribunal was required to determine if Ms Maurizio had established a ground for departure from the child support formula, specifically whether her childcare costs for [Child 1] exceeded 5% of her adjusted taxable income. This involved assessing the evidence presented by both parties regarding childcare expenses, income, and the circumstances surrounding Mr Beare's period of leave without pay and receipt of Centrelink benefits. The Tribunal also needed to consider the just and equitable considerations in light of these circumstances.

The Tribunal found that Ms Maurizio had indeed established the ground for departure, as her childcare costs exceeded 5% of her adjusted taxable income for the relevant periods. The evidence showed that [Child 1] attended childcare five days a week, with Ms Maurizio bearing the full cost post-separation, amounting to approximately $98.90 per week after subsidy. This expenditure, when calculated over the relevant child support periods, demonstrably surpassed the 5% threshold of her assessed income. The Tribunal then considered the just and equitable factors, noting Mr Beare's period of unemployment and receipt of Centrelink benefits, which significantly impacted his capacity to contribute. Despite these factors, the Tribunal affirmed the original decision, indicating that while a ground for departure was established, it was not considered just and equitable to depart from the formula in this instance.