Elford and Eidson (Child support)

This matter concerned an application by the father, Mr. Elford, to review a child support assessment made by the Registrar. The dispute centred on whether it was "otherwise proper" to make a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) to vary the father's adjusted taxable income. The decision was made by Senior Member K Dordevic of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the circumstances warranted a departure from the standard child support assessment. Specifically, the Tribunal had to consider if the father's adjusted taxable income should be varied, and if so, on what basis, to ensure the assessment was "otherwise proper" in accordance with the Act.

The Tribunal's reasoning focused on the specific financial circumstances of the father. It was found that the father's adjusted taxable income, as initially assessed, did not accurately reflect his capacity to pay child support. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), which allow for departures from standard assessments in certain circumstances to ensure fairness and appropriateness. The Tribunal concluded that a departure was indeed warranted.

The Tribunal set aside the Registrar's decision and substituted its own determination, varying the father's adjusted taxable income for the purposes of the child support assessment.