Guadarama and Wanburg (Child support)

This matter concerned an application by the father, Guadarama, to set aside a departure determination made by the Child Support Registrar. The Registrar had previously determined that the mother, Wanburg, had a reduced assessment of child support payable due to her reduced income and earning capacity, stemming from her commencement of a new business. The father sought to have this determination reviewed, arguing that the Registrar’s decision was erroneous. The case was heard by Senior Member R Ellis of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Registrar’s departure determination was justified under the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Tribunal had to consider whether the mother’s circumstances constituted "special circumstances" that warranted a departure from the standard child support assessment, and whether the Registrar had correctly assessed the mother’s income and earning capacity in light of her new business venture.

Senior Member R Ellis reasoned that the Registrar’s decision to depart from the standard assessment was not supported by the evidence. The Tribunal found that while the mother had commenced a new business, there was insufficient evidence to establish that her income and earning capacity had been significantly reduced in a manner that constituted special circumstances. The Tribunal considered the mother’s financial resources and her capacity to earn income, concluding that the Registrar had erred in its assessment of these factors.

Consequently, the Tribunal set aside the Registrar’s departure determination and substituted its own decision. The Tribunal found that the mother’s circumstances did not meet the threshold for a departure from the standard assessment, and therefore, the original child support assessment remained in effect.