Florey and Zane (Child support)

This matter concerned an application by Mr Florey for a departure from a child support assessment made in relation to his child, [Child 1], with Ms Zane. The dispute centred on the financial capacity of each parent to support the child and whether the child's alleged talent constituted a "special need" justifying a departure from the standard assessment. The decision was made by J Leonard M.

The legal issues before the Tribunal were whether the grounds for a departure from the administrative assessment were established, specifically whether the child's talent amounted to a special need, and if so, whether it was otherwise proper to make a departure determination. The Tribunal was required to consider the income, property, and financial resources of both Mr Florey and Ms Zane, as well as the balance of support between the parents and the potential impact on government benefits.

The Tribunal reasoned that while not bound by policy, it should consider relevant government policy that is consistent with the objects of the Child Support (Registration and Collection) Act 1988. It found that Mr Florey's available resources were not significantly reduced by his duty to support another person, [Ms B], and that he had substantial income and an increasing share portfolio. Ms Zane had a lower income but significant savings. The Tribunal determined that it was just and equitable to backdate the departure determination to 17 October 2019.

The Tribunal ordered that for the period from 17 October 2019 to 31 October 2021, Ms Zane's adjusted taxable income be varied to $77,100, resulting in an annual child support payment by Mr Florey of approximately $21,725. While acknowledging this might cause some hardship to Ms Zane due to expenses related to the child's attendance at [Organisation 1], the Tribunal found it would not cause hardship to Mr Florey. The Tribunal also considered the balance of parental support and the potential impact on government benefits.