Flatley and Flatley (Child support) - [2022] AATA 2099

Flatley and Flatley (Child support) [2022] AATA 2099 (5 May 2022)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2021/SC022851
APPLICANT:  Mr Flatley
OTHER PARTIES:  Child Support Registrar
Mrs Flatley

TRIBUNAL:Member F Staden
DECISION DATE: 5 May 2022
DECISION:

The decision under review is affirmed.

CATCHWORDS

CHILD SUPPORT – departure determination – money, goods or property provided for the benefit of the child – decision 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 removed 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

Mr Flatley and Ms Flatley are the separated parents of [Child 1], born 2006. There has been a child support assessment for this case from 8 January 2021. [Child 1] is in the greater than primary care (100%) of Ms Flatley. Mr Flatley is the parent liable to pay child support. Ms Flatley opted for collection of child support by Services Australia – Child Support (Child Support) from 8 January 2021.
At around the time of Mr Flatley’s change of assessment application, the following assessments were in place:
·     For the period 8 January 2021 to 18 February 2021, Mr Flatley’s annual child support liability was $17,856 based on Mr Flatley’s 2019/20 derived adjusted taxable income of $126,539 and Ms Flatley’s 2019/20 derived adjusted taxable income of $62,459;
·     For the period 19 February 2021 to 30 June 2021, Mr Flatley’s annual child support liability was $18,936 based on Mr Flatley’s 2019/20 derived adjusted taxable income of $126,539 and Ms Flatley’s 2020/21 estimated income of $45,940;
·     For the period 1 July 2021 to 8 July 2021, Mr Flatley’s annual child support liability was $17,856 based on Mr Flatley’s 2019/20 derived adjusted taxable income of $126,539 and Ms Flatley’s 2019/20 derived adjusted taxable income of $62,459; and
·     For the period 9 July 2021 to 7 April 2022, Mr Flatley’s annual child support liability was $18,936 based on Mr Flatley’s 2019/20 derived adjusted taxable income of $126,539 and Ms Flatley’s 2020/21 estimated income of $45,940.
On 1 June 2021, Mr Flatley applied for a change of assessment on the basis of money, goods or property provided for the benefit of the child or children (Reason 5).
On 26 July 2021, Ms Flatley lodged a written response to Mr Flatley’s application.
On 2 August 2021, a Child Support primary decision maker found Reason 5 established and made the following decision:
· For the period 8 January 2021 to 8 July 2021, the annual rate otherwise payable by Mr Flatley shall be reduced by $6,280.
Ms Flatley lodged an objection to the 2 August 2021 decision on 17 September 2021.
On 12 November 2021, an objections officer allowed Ms Flatley’s objection and made the following decision:
· For the period 8 January 2021 until a terminating event…

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 Flatley and Flatley (Child support)

Details

AGLC: Flatley and Flatley (Child support) [2022] AATA 2099
Case: [2022] AATA 2099
Decision Date: 5 May 2022

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the matter of *Flatley and Flatley (Child Support)*, which concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the assessed child support amount, arguing that the respondent had provided money, goods, or property for the benefit of the child, which should be taken into account.

The primary legal issue before the Tribunal was whether the respondent's provision of certain items constituted a sufficient basis to depart from the child support assessment. Specifically, the Tribunal had to determine if the value of these provisions met the threshold for a departure determination as contemplated by the relevant provisions of the Act.

The Tribunal affirmed the decision to depart from the assessment. It reasoned that the respondent had indeed provided money, goods, or property for the benefit of the child, and that the value of these provisions was significant enough to warrant a departure. The Tribunal applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* concerning departure determinations, focusing on the nature and value of the benefits provided to the child.

The Tribunal's decision affirmed the prior decision to depart from the child support assessment.

Orders