Haby and Jobe (Child support)

This matter concerned a child support assessment dispute between Mr Haby and Ms Jobe, heard by the Administrative Appeals Tribunal. The core of the dispute revolved around the determination of Mr Haby's adjusted taxable income (ATI) for the purposes of calculating his child support obligations for their four-year-old child. The Tribunal found that Mr Haby's provided income estimate was inaccurate and that his actual financial resources, including income from real estate and his van business, were significantly higher than initially declared.

The legal issues before the Tribunal were to determine Mr Haby's accurate ATI, considering his income, assets, financial resources, and earning capacity, and to assess whether Ms Jobe's ATI adequately reflected her capacity to support the child. The Tribunal also considered the child's needs and financial resources, and the impact of Mr Haby's other dependent child on his financial capacity.

The Tribunal reasoned that Mr Haby possessed significant assets and income streams that were not adequately reflected in his initial income declaration. It determined that an ATI of $75,000 would more accurately represent his capacity to provide financial support. The Tribunal found Ms Jobe's ATI, as assessed by the Australian Taxation Office, to be a reasonable reflection of her capacity. It noted that the child had no special needs or financial resources. Regarding Mr Haby's new dependent child, the Tribunal found no evidence of unusual costs associated with supporting that child, and therefore, no separate provision was deemed necessary at that stage, although it was noted that Mr Haby had not formally notified the Child Support Registrar of the new dependent.