Khoo and Beazley (Child support) [2020] AATA 5845 (5 November 2020)
DIVISION:Social Services & Child Support Division
REVIEW NUMBER: 2020/SC019164
APPLICANT: Mr Khoo
OTHER PARTIES: Child Support Registrar
Ms Beazley
TRIBUNAL:Member T Bubutievski
DECISION DATE: 5 November 2020
DECISION:
The decision under review is varied such that Ms Beazley’s adjusted taxable income is set at $65,000 from 1 January 2020 to 31 December 2021.
All other aspects of the decision under review remain unchanged.
CATCHWORDS
CHILD SUPPORT – departure determination – costs of education – manner expected by both parents – cost of maintaining the children are significantly affected – financial resources of both parents – decision under review varied
Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.
REASONS FOR DECISION
BACKGROUND
Mr Khoo and Ms Beazley are the parents of [Child 1], who was born in 2006, and [Child 2], who was born in 2009. There has been a child support assessment in place for the children made by Services Australia (Child Support) (the former Department of Human Services) (the Department) since 18 November 2016. This is an application seeking a change to that assessment.
A previous decision of this Tribunal (differently constituted) made on 19 April 2018 set Mr Khoo’s adjusted child support income at $150,000 for the period 6 April 2017 to 31 December 2019. It also increased the annual rate of child support payable by Mr Khoo due to the cost of private school fees for both the children.
On 27 August 2019 Mr Khoo made an application to Child Support for a change to the child support assessment on the basis of Reason 3 (private school fees); and Reasons 8A and 8B (his and Ms Beazley’s income and financial resources). In response, Ms Beazley cross applied for Reason 2 (special needs) and Reason 3 (private school fees).
On 19 February 2020 a departmental delegate decided to depart from the administrative assessment due to private school fees and Mr Khoo’s income not being correctly reflected in the child support assessment. The decision made covers several years and is as follows:
For the period 1 January 2020 to 31 December 2021 Mr Khoo’s adjusted taxable income (ATI) amount be set at $80,000; and
For the periods 1 January 2020 to 28 February 2020 and from 1 April 2020 to 31 December 2020 the annual rate of child support increase by $4,791 being Mr Khoo’s contribution to the children’s additional education expenses; and
For the period 1 March 2020 to 31 March 2020 the annual rate of child support increase by a further $18,363 ($4,791 + $13,572) being Mr Khoo’s contribution to the out of pocket expenses related to [Child 1]’s operation plus Mr Khoo’s contribution to the children’s additional education expenses; and
For the period…
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- AGLC
- Khoo and Beazley (Child support) [2020] AATA 5845
- Case
- [2020] AATA 5845
- Decision Date
CaseChat Overview and Summary
The Tribunal considered whether the costs of educating the children in the manner expected by both parents constituted a ground for departure under subparagraph 117(2)(b)(ii) of the *Child Support (Assessment) Act 1989* (the Assessment Act). It was established that both parents intended for the children to be privately educated at [School 1], and the tuition fees of $8,700 significantly increased the overall cost of maintaining the children. The Tribunal found this to be a special circumstance, thus establishing a ground for departure. The Tribunal also considered [Child 1]'s special needs requiring surgery, which was a further ground for departure.
In determining whether a departure would be just and equitable, the Tribunal examined the financial circumstances of both parents under subsection 117(4) of the Assessment Act. Despite some doubts regarding the veracity of Mr Khoo's declared income and expenses, the Tribunal found no reason to disturb the decision to set his adjusted child support income at $75,000 per annum, adjusted for inflation. The Tribunal also considered Ms Beazley's financial position, noting her business ownership, investment properties, and declared income. The Tribunal varied the decision under review to set Ms Beazley’s adjusted taxable income at $65,000 from 1 January 2020 to 31 December 2021, with all other aspects of the decision remaining unchanged.
Orders
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Background
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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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