Dillon and Dillon (Child support)

This matter concerned an appeal by the father, Dillon, against a departure determination made by the Child Support Registrar concerning the child support payable for the parties' child. The dispute centred on the inclusion of certain business income in the father's assessable income for child support purposes and the extent to which the costs of the child's private education should be considered. The appeal was heard by Judicial Officer Thomson M.

The primary legal issues before the court were whether the Registrar had erred in her assessment of the father's income, specifically in relation to the treatment of business income, and whether the Registrar had correctly considered the costs associated with the child's private education when making the departure determination. The court was required to determine if the Registrar's decision was justified under the relevant provisions of the *Child Support (Registration and Collection) Act 1988* (Cth).

Judicial Officer Thomson M reviewed the evidence presented regarding the father's business activities and financial resources. The court applied the principles governing the assessment of income for child support purposes, including the consideration of business profits and the potential for income to be derived from various sources. The court also examined the Registrar's approach to factoring in the costs of private schooling, considering whether these costs were reasonable and directly attributable to the child's needs. The court found that the Registrar had made an error in her assessment of the father's income and in her consideration of the education costs.

The Judicial Officer set aside the original departure determination and substituted a new determination, adjusting the assessed child support payable to reflect the corrected income assessment and the appropriate consideration of the child's educational expenses.