Boulding and Wrinch (Child support)

The Administrative Appeals Tribunal considered the dispute between Boulding and Wrinch concerning particulars of an administrative assessment of child support. The core of the disagreement involved whether the adjusted taxable incomes for past periods for the liable parent should be changed.

The Tribunal was required to determine whether it had the discretion to assess child support based on Male Total Average Weekly Earnings, and if so, under what conditions. Specifically, the Tribunal had to assess whether the conditions for changing the liable parent's adjusted taxable incomes to lower amounts for past periods were met.

The Tribunal found that the liable parent's imprisonment and significant health issues had prevented the lodgement of taxable income for the relevant past periods. These circumstances satisfied the conditions for adjusting the liable parent's income downwards. Consequently, the Tribunal set aside the original decision under review and substituted its own decision.