Denman and Waldroup (Child support)

This matter concerned an appeal to the Child Support Appeals Tribunal regarding a departure determination made by the Registrar. The appeal was brought by the liable parent, Mr Denman, against the decision to depart from the administrative assessment of child support payable to Ms Waldroup, the payee parent. The core of the dispute revolved around whether the Registrar had correctly identified and applied a ground for departure under the *Child Support (Registration and Collection) Act 1988* (Cth).

The Tribunal was required to determine whether the Registrar erred in finding that a ground for departure existed. Specifically, the Tribunal had to consider whether the income, property, and financial resources of the liable parent, Mr Denman, were such that the administrative assessment did not make adequate or proper allowance for the costs of special needs of the child.

The Tribunal found that the Registrar had correctly identified a ground for departure. It reasoned that the evidence presented demonstrated that the child had special needs which incurred significant costs. The Tribunal concluded that the administrative assessment, which did not account for these specific costs, did not make adequate or proper allowance for them. Consequently, the Tribunal determined that the Registrar’s decision to depart from the assessment was justified.

The Child Support Appeals Tribunal set aside the Registrar's decision and substituted its own determination.