Larose and Gafford (Child support)

This matter concerned an appeal by the father, Mr Larose, against a decision of the Child Support Registrar concerning the assessment of child support payable to the mother, Ms Gafford. The dispute centred on the father's income for child support purposes, specifically whether certain payments received by him should be included in his assessable income. The appeal was heard by K Buxton M in the Magistrates Court of Western Australia.

The primary legal issue before the Court was whether payments received by the father from his employer, described as "retention bonuses" and "long service leave entitlements," constituted "income" for the purposes of the *Child Support (Assessment) Act 1989* (Cth). The father contended that these payments were not regular or recurring income and should therefore be excluded from his child support assessment.

K Buxton M considered the definition of "income" under the Act and relevant case law. The Court found that the retention bonuses were paid to the father to ensure his continued employment and were therefore directly related to his employment and assessable as income. Similarly, the long service leave entitlements, although accrued over time, were received by the father as a payment during his employment and were also to be treated as income. The Court applied the principle that payments received by a parent in connection with their employment are generally to be included in their assessable income for child support purposes, unless specifically excluded by the Act.

The appeal was dismissed, and the Child Support Registrar's assessment was affirmed.