McKenzie and Markel (Child support)

This matter concerned an appeal by the applicant, McKenzie, against a departure determination made by the Child Support Registrar concerning child support payments payable by the respondent, Markel. The dispute centred on the assessment of Markel's income and financial resources, specifically in relation to his business income, for the purposes of calculating child support. The appeal was heard by Mr P Glass, sitting as a member of the tribunal.

The primary legal issue before the tribunal was whether the Child Support Registrar had erred in its assessment of Markel's income and financial resources when making the departure determination. This involved considering whether the Registrar had correctly accounted for all relevant income and financial resources available to Markel, particularly those derived from his business activities, in accordance with the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth).

The tribunal reviewed the evidence and the Registrar's decision-making process. It was found that the Registrar had failed to adequately consider certain business income and financial resources available to Markel, which had resulted in an underestimation of his capacity to pay child support. The tribunal applied the principles of the Act, which require a comprehensive assessment of a non-resident parent's financial position to ensure that child support assessments are fair and reflect their true ability to contribute to the costs of raising their children.

The tribunal set aside the original departure determination and substituted its own decision, which included a revised assessment of Markel's income and financial resources. This revised assessment led to an increased child support liability for Markel.