Kiager and Kiager (Child support)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a child support assessment. The applicant, Mr Kiager, sought to set aside and substitute an administrative assessment of child support. The dispute centred on the applicant's adjusted taxable income, specifically the inclusion of income from a new casual job that commenced after the initial assessment was made.

The primary legal issue before the Tribunal was whether the applicant's adjusted taxable income, as determined for the purposes of the child support assessment, accurately reflected his current financial circumstances, particularly in light of his new employment. This involved considering the appropriate method for calculating income when a parent's employment situation has changed significantly since the assessment period.

Member D Tucker reasoned that the child support legislation requires an assessment to be based on the most accurate and up-to-date information available. The Tribunal found that the applicant's new casual employment represented a material change in his income. Consequently, the Tribunal determined that the previous assessment, which did not account for this new income, was not reflective of his true earning capacity. The Tribunal therefore set aside the original assessment and substituted a new assessment that incorporated the income from the casual job.