Harwell and Hawksley (Child support)

This matter concerned an application for a change of assessment of child support made by the father, Mr Harwell, against the mother, Ms Hawksley. The dispute centred on whether a trust fund established by the mother's parents should be considered a financial resource available to the father, and whether the mother's decision to cease full-time employment was justified. The application was heard by Senior Member T Hamilton-Noy of the Child Support Division of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the trust fund constituted a financial resource available to the father for the purposes of child support assessment, and whether the mother's cessation of employment was a justifiable reason for a departure from the standard assessment. The Tribunal was required to consider the relevant provisions of the *Child Support (Registration and Collection) Act 1988* concerning the definition of financial resources and the grounds for departure from a child support assessment.

The Tribunal reasoned that the trust fund, while established by the mother's parents, was not directly controlled or accessible by the father, and therefore could not be considered a financial resource available to him for child support purposes. Regarding the mother's employment status, the Tribunal accepted that her decision to cease full-time work was justified by her state of health, which prevented her from continuing in her previous role. Consequently, the Tribunal found no grounds for a departure from the existing assessment.

The decision under review was affirmed.