Madacsi and Giancarlo (Child support) - [2024] AATA 2761

Madacsi and Giancarlo (Child support) [2024] AATA 2761 (24 June 2024)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2024/MC027386
APPLICANT:  Mr Madacsi
OTHER PARTIES:  Child Support Registrar
MsGiancarlo

TRIBUNAL:Member P Noonan
DECISION DATE: 24 June 2024
DECISION:

The Tribunal sets aside the decision under review and, in substitution, decides that:

·For the period 1 September 2023 to 31 December 2023 the annual liability of child support payable by Mr Madacsi is varied (increased) by $3,710 to account for the education costs of the children.
·For the period 1 January 2024 to 31 December 2024 the annual liability of child support payable by Mr Madacsi is varied (increased) by $4,386 to account for the education costs of the children.
·For the period 1 January 2025 to 31 December 2025 the annual liability of child support payable by Mr Madacsi is varied (increased) by $4,200 to account for the education costs of the children.
·For the period 1 January 2026 to 31 December 2026 the annual liability of child support payable by Mr Madacsi is varied (increased) by $4,500 to account for the education costs of the children, (which also accounts for standard fee increases).
·For the period 24 February 2024 to 31 December 2025 Mr Madacsi’s adjusted taxable income is varied to $97,500 per annum.

CATCHWORDS
CHILD SUPPORT – change of assessment – children are being educated privately – education costs of the children – a just and equitable outcome in regard to the respective situations of each parent – income and financial resources – decision under review set aside and substituted

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of theChild Support (Registration and Collection) Act 1988

REASONS FOR DECISION

BACKGROUND

Mr Madacsi (the father) and Ms Giancarlo (the mother) are the parents of two children relevant to the child support assessment under review.
A child support case was first registered with Services Australia – Child Support (Child Support) on 11 July 2012 and child support has been registered for collection by Child Support from 8 September 2023. Child Support currently maintains a case completion date for this matter of 13 March 2030.
On 29 August 2023, the mother applied for a change to the assessment. On 22 September 2023, a Child Support officer, acting as a delegate of the Registrar, found that a ground for departure was established and decided that the annual rate of child support payable by the father should be increased by $3,015 for the period 1 September 2023 to 31 December 2023 due to the costs of educating the children.
On 16 October 2023 the father objected to this decision and on 11 January 2024 the objections officer decided to part allow the objection and depart from the assessment in the following terms:
·For the period 22 November 2023 to 21 November…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Madacsi and Giancarlo (Child support) and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2024] AATA 2761
Decision Date: 24 June 2024

CaseChat Overview and Summary

This matter concerned an application by the father, Mr Giancarlo, to set aside a child support assessment made by the Registrar. The dispute centred on the costs associated with the children's private education, which the father argued should be considered in the assessment. The application was heard by Member P Noonan of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the existing child support assessment was unjust and inequitable having regard to the respective financial situations of the parents, particularly in light of the children’s enrolment in private schooling. The core legal issue was whether the costs of private education constituted a relevant factor that warranted a departure from the standard assessment.

Member P Noonan reasoned that while the *Child Support (Registration and Collection) Act 1988* (Cth) does not automatically include private school fees in child support assessments, such costs can be considered when determining if an assessment is unjust and inequitable. The Tribunal applied the principles of justice and equity, considering the income and financial resources of both parents. The Member found that the father had demonstrated that the existing assessment was indeed unjust and inequitable due to the significant private education costs.

Consequently, the Tribunal set aside the decision under review and substituted a new assessment that took into account the children's private education expenses, aiming for a just and equitable outcome for both parents.

Orders