FEDERAL MAGISTRATES COURT OF AUSTRALIA
| H & H | [2002] FMCAfam 381 |
| FAMILY LAW – Property settlement – spouse maintenance – child maintenance payable by step-parent – primary duty of parents – lump sum child support. Lee Steere and Lee Steere (1985) FLC 91-626 |
| Applicant: | T H |
| Respondent: | B F H |
| File No: | HBM2251 of 2001 |
| Delivered on: | 20 November 2002 |
| Delivered at: | Launceston |
| Hearing Date: | 20 & 21 August 2002 |
| Judgment of: | Roberts FM |
REPRESENTATION
| Counsel for the Applicant: | Mr. P. Fitzgerald |
| Solicitor for the Applicant: | The Legal Aid Commission of Tasmania |
| Counsel for the Respondent: | The Respondent appeared on his own behalf |
ORDERS
That B F H (“the Husband”) do pay to T H (“the Wife”) the sum of $20,000.00 within sixty days of the date of this Order.
That there be a departure from administrative assessment in relation to the child E J H born 13th May 1997 in that the annual rate payable by the Husband be set at $1,820.00 for the period commencing 1st October 2002 and concluding on 30th September 2004.
That pursuant to Section 141 of the Child Support (Assessment) Act 1989 the child support payable pursuant to Order No. 2 hereof be capitalised and be paid by the Husband as a lump sum within sixty days of the date of this Order.
That any periodic child support paid by the Husband pursuant to any administrative assessment for the period commencing 1st October 2002 be credited towards his liability pursuant to Order No. 3 hereof.
That the Wife cause a sealed copy of these Orders to be served upon the Child Support Agency in Hobart.
That save as to costs the Wife’s Applications filed 17th September 2001, 23rd April 2002 and 20th June 2002 and the Husband’s Response filed 14th December 2001 be otherwise dismissed.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT LAUNCESTON |
HBM2251 of 2001
| T H |
Applicant
And
| B F H |
Respondent
REASONS FOR JUDGMENT
Background and applications
The Applicant, T H (“the Wife”) and the Respondent, B F H (“the Husband”) were married on 26th February 1996.
Because the Wife came from the Philippines, it was necessary for her to remain there until she received approval to settle in Australia. As a result, the parties did not commence cohabitation until early August 1996.
The parties separated in October 1998, so their period of cohabitation lasted a little more than two years.
There is one child of their relationship, E J H born 13th May 1997 (“E”). However, the Wife has another daughter, who has taken…
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- AGLC
- H and H [2002] FMCAfam 381
- Case
- [2002] FMCAfam 381
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the court involved the interpretation and application of the Child Support (Assessment) Act 1989. Specifically, the court needed to determine whether the administrative assessment of child support was appropriate and if there were grounds for departing from it. Additionally, the court had to consider the appropriate method for capitalising child support, particularly in relation to lump sum payments and their treatment under the Act.
In its reasoning, the court found that the administrative assessment did not adequately account for the Husband's financial capacity to pay and the Wife's needs. The court concluded that a departure from the administrative assessment was warranted, setting the annual rate payable by the Husband at $1,820.00 for the specified period. The court also ruled that the child support should be paid as a lump sum, capitalised in accordance with Section 141 of the Child Support (Assessment) Act 1989. The court further directed that any periodic payments made by the Husband be credited towards the lump sum liability. The court dismissed other applications and responses, save as to costs.
The final orders of the court mandated the Husband to pay the Wife $20,000.00 within sixty days and required the Husband to pay the capitalised child support as a lump sum. The court also specified that any prior periodic payments be credited towards the lump sum liability. The Wife was directed to serve a sealed copy of these orders on the Child Support Agency in Hobart. All other applications and responses, except for costs, were dismissed.
Orders
Orders of the court
1.
That B F H (“the Husband”) do pay to T H (“the Wife”) the sum of $20,000.00 within sixty days of the date of this Order.
2.
That there be a departure from administrative assessment in relation to the child E J H born 13th May 1997 in that the annual rate payable by the Husband be set at $1,820.00 for the period commencing 1st October 2002 and concluding on 30th September 2004.
3.
That pursuant to Section 141 of the Child Support (Assessment) Act 1989 the child support payable pursuant to Order No. 2 hereof be capitalised and be paid by the Husband as a lump sum within sixty days of the date of this Order.
4.
That any periodic child support paid by the Husband pursuant to any administrative assessment for the period commencing 1st October 2002 be credited towards his liability pursuant to Order No. 3 hereof.
5.
That the Wife cause a sealed copy of these Orders to be served upon the Child Support Agency in Hobart.
6.
That save as to costs the Wife’s Applications filed 17th September 2001, 23rd April 2002 and 20th June 2002 and the Husband’s Response filed 14th December 2001 be otherwise dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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