Burton and Bronson (Child support) - [2022] AATA 4672

Burton and Bronson (Child support) [2022] AATA 4672 (2 November 2022)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2022/BC024084
APPLICANT:  Mr Burton
OTHER PARTIES:  Child Support Registrar
Ms Bronson

TRIBUNAL:Member S Hoffman
DECISION DATE: 2 November 2022
DECISION:

The tribunal sets aside the decision under review and, in substitution, decides as follows:

For the period from 10 July 2021 to 30 November 2024, Mr Burton’s adjusted taxable income is varied to $133,000 a year.
For the period from 10 July 2021 to 30 November 2024, Ms Bronson’s adjusted taxable income is varied to $52,000 a year.
For the period from 10 July 2021 to 31 December 2021, the annual rate of child support payable by Mr Burton is increased by $12,500 (see paragraphs 131, 139 and 140).

For the 2022 calendar year, the annual rate of child support payable by Mr Burton is increased by $3,293.
For the 2023 calendar year, the annual rate of child support payable by Mr Burton is increased by $2,993.

CATCHWORDS

CHILD SUPPORT – departure determination – income, property and financial resources of both parents – costs of special needs – a ground for departure established – decision to depart - decision under review set aside and substituted

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

REASONS FOR DECISION

BACKGROUND

The child support case relevant to this review was registered with the Child Support Agency (the CSA) on 10 July 2021. The CSA has been involved with the collection of child support since then.
This review is about the child support assessments in respect of [Child 1], [Child 2] and [Child 3], aged 12, 10 and 7 years old respectively.[1]
[1] [Child 2’s] birthday is [in] November and he may have turned 11 years old by the time the parents receive this decision statement
On 5 January 2022, the mother applied for a change of assessment. At that time, the father was required to pay an annual rate of child support of $14,655 to the mother, based on his 2021/22 estimate of income of $103,496 and the mother’s 2020/21 adjusted taxable income of $38,727. The CSA recorded that the mother provided 86% of the children’s care and the father provided 14% of their care.

On 17 March 2022, a case officer from the CSA decided to vary the father’s adjusted taxable income to $159,000 for the period from 11 November 2021 to 30 November 2024 (the original decision).
On 29 March 2022 the father lodged an objection to the original decision.
On 9 June 2022, an objections officer from the CSA decided that for the period from 10 July 2021 to 30 November 2024, the father’s adjusted taxable income was to be varied to $170,000 a year (the objection decision).

On 15…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Burton and Bronson (Child support)

Details

AGLC: Burton and Bronson (Child support) [2022] AATA 4672
Case: [2022] AATA 4672
Decision Date: 2 November 2022

CaseChat Overview and Summary

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the applicant parent, Burton, against the respondent parent, Bronson. The dispute centred on the assessment of child support payable for the parties' child, given the alleged income, property, and financial resources of both parents, and the costs associated with the child's special needs. The matter came before the court for review of a previous decision.

The primary legal issue before the court was whether the existing child support assessment should be departed from. This required the court to consider whether any of the grounds for departure specified in the *Child Support (Registration and Collection) Act 1988* were established, particularly in relation to the financial circumstances of the parties and the specific needs of the child. The court was also required to determine whether, if a ground for departure was established, it was just and equitable to make a departure determination.

The court found that a ground for departure was established, specifically by reason of the costs of the child's special needs. In reaching this conclusion, the court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, which permit departure from a child support assessment in circumstances where it would be just and equitable to do so, and where the ground for departure is met. The court considered the evidence presented regarding the child's special needs and the financial capacity of both parents.

The court set aside the previous decision and substituted its own determination. The specific orders made regarding the revised child support assessment were not detailed in the provided text.

Orders