McKeown and McKeown (Child support)

This matter concerned an application by Mr McKeown to the Child Support Registrar to exclude certain post-separation income from his adjusted taxable income for the purposes of a child support assessment. The dispute arose because Mr McKeown sought to have income earned after his separation from Ms McKeown excluded, arguing it was not earned in the ordinary course of events. The decision was reviewed by a tribunal comprising Presiding Member K Dordevic and Senior Member J Cipolla.

The legal issues before the tribunal were whether the conditions precedent for excluding post-separation income under section 44 of the Child Support (Registration and Collection) Act 1988 were met. Specifically, the tribunal had to determine if Mr McKeown's income was derived in accordance with a pattern established after separation and if it was of a kind that it would not have been reasonable to expect would have been earned in the ordinary course of events.

The tribunal found that the parties had lived together on a genuine domestic basis for at least six months and had separated within three years of Mr McKeown's application, remaining separated at the time of the application, thus satisfying paragraphs 44(1)(a), (b), and (c) of the Act. However, the tribunal considered the requirement under subparagraph 44(1)(d)(i) that the income be earned in accordance with a pattern of earnings established after separation. The tribunal's findings indicated that the income in question was earned in the ordinary course of events, leading to the refusal of Mr McKeown's application. The decision under review was affirmed.