Boleyn and Vannoy (Child support)

The Administrative Appeals Tribunal considered the dispute between the parties, referred to as Boleyn and Vannoy, concerning the particulars of a child support administrative assessment. The core of the disagreement revolved around whether a lump sum payment should be included in an amended estimate of income for the purposes of calculating child support.

The Tribunal was required to determine whether the lump sum payment constituted income for the purposes of an amended estimate under the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the issue was whether the lump sum should be treated as income in the year it was received or if it fell outside the definition of income for child support assessment purposes.

The Tribunal reasoned that the lump sum payment was not regular or periodic income but rather a capital receipt. Applying the principles of income for child support purposes, which generally focuses on assessable income derived from personal exertion or investments, the Tribunal concluded that the lump sum did not fit this definition. Consequently, the Tribunal set aside the original decision and substituted it with a new decision that excluded the lump sum from the amended estimate of income.