Freeland and Banner (Child support)

This matter concerned an appeal by the liable parent, Freeland, against a departure determination made by the Child Support Registrar. The dispute centred on the Registrar's assessment of Freeland's child support liability, specifically in relation to income and financial resources derived from his business. Banner was the payee parent. The appeal was heard by Magistrate S Letch.

The primary legal issue before the Court was whether the Registrar had correctly determined that Freeland had alienated his income or was withholding financial resources from his business, thereby affecting his child support assessment. The Court was required to consider whether the benefits Freeland derived from his business were properly accounted for in the child support assessment and whether his actions constituted an alienation of income.

Magistrate Letch affirmed the Registrar's decision, finding that Freeland had indeed alienated income and withheld financial resources. The Court applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the provisions that allow for departure from the standard assessment where a parent's actual ability to pay is not reflected due to the alienation of income or withholding of financial resources. The Court was satisfied that Freeland's business structure and his personal use of business funds demonstrated an intention to reduce his assessable income for child support purposes, and that the benefits he received were not adequately captured by a standard assessment.

The appeal was dismissed, and the departure determination made by the Child Support Registrar was affirmed.