Coharane and Amachree (Child support)

This matter concerned an application for a child support assessment to be changed, brought by the father, Mr Coharane, against the mother, Ms Amachree. The dispute centred on whether the father's adjusted taxable income should be varied for the purposes of calculating child support. The decision was made by Senior Member R Ellis of the relevant tribunal.

The primary legal issue before the tribunal was whether a ground for departure from the standard child support assessment had been established, specifically relating to the father's mental health. If a ground for departure was established, the tribunal then had to determine whether it was otherwise proper to make a particular departure determination, considering the father's income, property, and financial resources.

Senior Member Ellis found that the father had established a ground for departure due to his mental health condition, which impacted his capacity to earn income. The tribunal considered the father's income, property, and financial resources and concluded that it was otherwise proper to make a departure determination. Consequently, the father's adjusted taxable income was varied.

The decision under review was set aside and substituted with a new assessment reflecting the varied adjusted taxable income.