Castro and Diaz (Child support)

This matter concerned an application by Mr Castro to the Tribunal for a review of a child support objection decision. Ms Diaz was the other party. The core dispute revolved around whether to depart from the standard administrative assessment of child support. The Tribunal considered affirmed evidence from both parents, extensive documentation submitted by each party, and legal submissions made by Mr Castro's solicitor.

The Tribunal was required to determine three key issues: firstly, whether any of the grounds for departure from the administrative assessment were established; secondly, if a ground was established, whether making a departure determination would be just and equitable in relation to the children and both parents; and thirdly, whether it was otherwise proper to make such a departure.

In reaching its decision, the Tribunal applied the provisions of the *Child Support (Registration and Collection) Act 1988*. The Tribunal noted that a departure from the administrative assessment, often referred to as a "change of assessment," can be made under section 98C(1) of the Act if three conditions are met. These conditions are the existence of one or more grounds for departure as specified in subsection 98C(2), that the departure is just and equitable, and that it is otherwise proper to make the departure decision. The Tribunal's reasoning was based on the evidence presented and the relevant statutory framework.