Cada and D’Uva (Child support)

The Administrative Appeals Tribunal considered the dispute between Cada and D’Uva concerning a child support administrative assessment. The applicant, Cada, sought to have the estimated income used in the assessment reviewed.

The Tribunal was required to determine whether the estimated income used in the child support assessment was less than the amount likely to be the actual income of the liable parent. The Tribunal also had to consider whether, in light of this determination, its discretion to refuse the review should be exercised.

Senior Member R Ellis reasoned that the purpose of the Child Support (Registration and Collection) Act 1988 is to ensure that child support assessments accurately reflect the parties' financial circumstances. The Tribunal found that the estimated income was indeed less than the likely actual income, and therefore, it was appropriate to exercise its discretion to review the assessment. The Tribunal set aside the original decision and substituted it with a revised assessment based on a more accurate income estimate.