Marson and Jonas (Child support)

This matter concerned an application by Mr Marson for a departure determination from a child support assessment made in relation to Mrs Jonas. The dispute centred on whether the administrative assessment accurately reflected the parties' respective incomes, property, and financial resources, and whether a departure from that assessment would be just and equitable. The decision was made by a Tribunal.

The Tribunal was required to determine if a ground for departure existed under subparagraph 117(2)(c)(ia) of the Child Support (Registration and Collection) Act 1988, which relates to the income, property, and financial resources of the liable parent. It also had to consider whether departing from the administrative assessment would be just and equitable, having regard to the proper needs of the children, the manner in which they were being cared for, educated, or trained, and any special needs they might have, as stipulated by subsection 117(6) of the Act.

The Tribunal found that Mrs Jonas was reliant on Commonwealth income support payments and had no significant assets, apart from a share in the former matrimonial home occupied by Mr Marson, which had not been subject to property settlement. Mr Marson maintained the mortgage on this property. The Tribunal accepted Mrs Jonas's disclosed income of $16,925.00 as a reasonable reflection of her financial resources. In contrast, the Tribunal determined that Mr Marson's income and financial resources at the time of the departure application were reflective of an income of $59,347.79 per annum, a figure significantly different from the $16,925.00 used in the administrative assessment. This material difference established special circumstances, meaning a ground for departure under subparagraph 117(2)(c)(ia) did not exist. The Tribunal also considered Mr Marson's disclosed assets, including superannuation of $230,000.00, and concluded he had sufficient income to meet his expenses. It accepted Mrs Jonas's disclosed expenses as reasonable and noted that any child support payable would assist her in maintaining the children. The Tribunal referenced established principles regarding the consideration of children's needs in departure applications, including the reasonableness of disclosed needs, the use of published guidelines, and the costs of children used in formula assessments.

The Tribunal set aside the decision to depart from the administrative assessment and substituted its own decision.