Gardener and Edwards (Child support)

This matter concerned an application by Mr Gardener for a departure determination regarding child support payable by him to Ms Edwards. The dispute centred on the assessment of Ms Edwards' income and financial resources, particularly benefits derived from her business operations. The decision was made by J Thomson M.

The court was required to determine whether there were special circumstances justifying a departure from the child support assessment. Specifically, the court had to consider the extent to which Ms Edwards' business income and any associated benefits, including those potentially attributable to the travel expenses of another individual, should be included in her assessable resources for child support purposes. The court also needed to assess whether Ms Edwards had any other financial resources, such as share allocations, that should be taken into account.

The court reasoned that while Ms Edwards' business incurred significant travel expenses, a portion of which was likely attributable to the travel and accommodation costs of another individual, this did not automatically constitute grounds for departure. The court found that Ms Edwards' income and financial resources for the 2016/17 and 2017/18 financial years were $33,944 and $46,921 respectively, which were considerably lower than amounts previously determined by an objections officer and used in the administrative assessment. The court was satisfied that Ms Edwards' income was accurately reflected in her business' financial reports and tax returns, and there was no evidence of her receiving any share allocations in the parent company.

Consequently, the court found no special circumstances or grounds for departure from the child support assessment. The application for departure was refused, and the decision under review was set aside and substituted with the court's findings.