Lee and Ryder

In the Family Court of Australia at Adelaide, Bell J considered an application by Mr Lee (the applicant husband) and Ms Ryder (the respondent wife) concerning child support assessments. The dispute involved determining the correct income and financial resources of the husband for the purpose of calculating child support obligations for their son, who was still subject to the Child Support Act, and for a period when their daughter was also covered. The matter had a lengthy history of litigation and reassessments dating back to 1998.

The primary legal issues before the court were to ascertain the husband's true income and financial resources, particularly in light of his employment and his wife's financial dealings, and to determine if a variation of previous child support assessments was just and equitable. The wife sought to have the husband's income assessed at a significantly higher figure, alleging he had access to substantial financial resources beyond his declared earnings. The husband, conversely, sought to reduce his assessed income based on his stated earnings of approximately $38,000 to $40,000 per annum.

Bell J reasoned that while the husband had no legal interest in the company S Pty Ltd or the property he was working on, he clearly had access to substantial financial resources through his present wife and the company, which she controlled and which was financially successful. The court found that the husband received approximately $40,000 per year from his wife and had access to other benefits such as a vehicle and mobile phone, which, when combined with his declared income, amounted to a financial resource of approximately $80,000 per annum. The court also noted the wife's income was $17,000 per annum.

Consequently, the court declared that for the purpose of assessing child support for the past six years, the husband's income and financial resources were to be taken as $80,000 per annum and the wife's income as $17,000 per annum. The matter was then referred to the Child Support Agency for the assessment of the correct amount of child support payable for the son, taking into account these declared figures and the fact that the daughter was no longer subject to the Child Support Act.