Leaber and Kinaley (Child support)

This matter concerned an application by the father, Leaber, for a departure determination regarding child support payable to the mother, Kinaley. The dispute centred on the father's income and financial resources, specifically his previous regular bonuses and overseas property ownership, which he argued made the administrative assessment unfair. The decision was made by Deputy President K Synon.

The primary legal issue before the Tribunal was whether it was just and equitable to depart from the administrative assessment of child support, and if so, whether such a departure would be otherwise proper. This required the Tribunal to consider the father's income and financial resources, as well as the factors outlined in subsection 117(4) of the relevant Act, including the fairness to the community and the effect on income-tested benefits.

The Tribunal reasoned that the administrative assessment was unfair given the father's income and financial resources, including his previous bonuses and overseas property. It found that departing from the assessment would result in a more appropriate apportionment of financial responsibility between the parents, noting that parents have the primary duty to maintain their children and that the mother was in receipt of family tax benefit. The Tribunal also considered the father's expressed desire to spend more time with his oldest child, but determined this was not relevant to the child support assessment. The Tribunal acknowledged the mother's frustration with repeated reviews of the father's liability due to his bonus income, expressing hope that his new employment, which does not attract bonuses, would reduce the need for such reviews.

The Tribunal affirmed the decision to depart from the administrative assessment. The father's adjusted taxable income was varied to $107,555 per annum for the period of 4 January to 3 February 2023, and his annual rate was varied to $10,464 for the period of 4 February to 1 May 2023. From 2 May 2023, his adjusted taxable income was varied to $91,548, allowing for deductions, until the administrative assessment reflected his new income, expected no earlier than 31 October 2024.