Johamsen and Rowalski (Child support)

This matter concerned an application by the liable parent, Mr Johamsen, seeking to alter the adjusted taxable incomes for past periods used in the administrative assessment of child support payable to Ms Rowalski. The review of the Child Support Registrar's decision was heard by S De Bono SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the adjusted taxable incomes of Mr Johamsen for the relevant past income years should be changed from those previously determined by the Child Support Registrar. Mr Johamsen contended that his actual taxable incomes for those periods were lower than those used in the assessment.

The Tribunal affirmed the Child Support Registrar's decision, finding that the evidence presented by Mr Johamsen did not establish that the adjusted taxable incomes used in the past assessments were incorrect. The Tribunal applied the principles that the onus rests on the applicant to demonstrate that the Registrar's decision was wrong, and that past assessments are presumed to be correct unless sufficient evidence is adduced to prove otherwise. The Tribunal was not satisfied that Mr Johamsen had discharged this onus.

The Tribunal affirmed the decisions under review, meaning the child support assessments based on the previously determined adjusted taxable incomes remained unchanged.