Dowdesell and Wickens (Child support) - [2022] AATA 735

Dowdesell and Wickens (Child support) [2022] AATA 735 (11 February 2022)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2021/SC021920
APPLICANT:  Ms Dowdesell
OTHER PARTIES:  Child Support Registrar
Mr Wickens

TRIBUNAL:Senior Member R Ellis
DECISION DATE: 11 February 2022
DECISION:

The decision under review is affirmed.

CATCHWORDS

CHILD SUPPORT – departure determination – income, property and financial resources of both parents – earning capacity – costs of education - manner expected by both parents – no grounds of departure established – decision not to depart - decision under review affirmed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

REASONS FOR DECISION

BACKGROUND

This review is about whether or not there should be a departure from the administrative assessment of child support.
Ms Dowdesell and Mr Wickens are the parents of [Child 1] (born September 2008). There has been a child support assessment in place since 24 November 2008 and Mr Wickens is currently the liable parent under the assessment.
The following administrative assessments are under consideration:
·     for the period from 1 August 2020 to 31 July 2021 Mr Wickens was assessed to pay an annual rate of $13,310 based on a 2019–20 adjusted taxable income of $123,822 for Mr Wickens and a 2019–20 adjusted taxable income of $87,602 for Ms Dowdesell;
·     for the period from 1 August 2021 to 4 September 2021 Mr Wickens was assessed to pay an annual rate of $15,628 based on a 2020–21 adjusted taxable income of $152,470 for Mr Wickens and a 2020–21 adjusted taxable income of $101,329 for Ms Dowdesell; and
·     for the period from 5 September 2021 to 31 October 2021 Mr Wickens was assessed to pay an annual rate of $19,458 based on the same adjusted taxable income amounts for both parents. The change in the amount of child support is due to [Child 1] turning 13 years of age.
On 15 December 2020 Ms Dowdesell applied to the Child Support Agency for a departure from the administrative assessment on the basis of the high costs of caring for, educating or training the child (the ground commonly referred to as Reason 3), money, goods or property received by the child, the payee or a third person (Reason 5), her necessary commitments of self-support (Reason 7) and a parent’s income, property and financial resources or earning capacity (Reasons 8A and 8B).
On 23 March 2021 the Child Support Agency made the decision to refuse the application under section 98F of the Child Support (Assessment) Act 1989 (the Act).
On 15 April 2021 Ms Dowdesell objected to this decision and on 28 June 2021 the Child Support Agency disallowed the objection (the objection decision).
On 11 July 2021 Ms Dowdesell applied for a review of the objection decision by the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Dowdesell and Wickens (Child support)

Details

AGLC: Dowdesell and Wickens (Child support) [2022] AATA 735
Case: [2022] AATA 735
Decision Date: 11 February 2022

CaseChat Overview and Summary

The case of *Dowdesell and Wickens* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the assessed child support payable by the respondent, arguing that the standard assessment did not adequately reflect the financial circumstances of the parties and the needs of the child. The matter came before the court for review of a decision made by the Registrar.

The primary legal issue before the court was whether any of the grounds for departure from the child support assessment, as set out in section 117 of the Act, were established. Specifically, the court was required to consider whether the income, property, and financial resources of either parent, their earning capacity, the costs of the child's education, or the manner in which the child was expected to be educated or supported by either parent, constituted exceptional circumstances that warranted a departure from the formula assessment.

In reaching its decision, the court considered the evidence presented by both parties regarding their financial positions and the child's needs. The court applied the principles established in child support jurisprudence, which require a high threshold to be met before a departure determination can be made. The court found that the evidence did not demonstrate that the standard assessment was unfair or that the circumstances were exceptional. Consequently, the court affirmed the Registrar's decision not to depart from the assessment.

Orders