Garofalo and Cartwright (Child support)

The Administrative Appeals Tribunal (AAT) considered the application of Garofalo and Cartwright concerning a child support departure determination. The dispute centred on the income, property, and financial resources of the liable parent, specifically the benefits derived from their business. The AAT was tasked with reviewing a previous decision regarding these matters.

The primary legal issue before the Tribunal was whether the liable parent's actual financial circumstances, particularly the benefits received from their business, warranted a departure from the standard child support assessment. This involved determining if the liable parent possessed income, property, or financial resources that were not adequately reflected in the assessment, and if such a disparity justified an adjustment to the child support payable.

The Tribunal found that the liable parent did derive benefits from their business that were not fully captured by the standard assessment. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the AAT concluded that the ground for a departure determination was established. The Tribunal set aside the previous decision and substituted its own determination, reflecting the actual financial position of the liable parent.