Michen and Michen (Child support)

This matter concerned an appeal by the father, Mr. Michen, against a child support assessment made by the Child Support Registrar. The dispute centred on the father's income, specifically whether certain payments received by him should be included in his assessable income for child support purposes. The appeal was heard by K Buxton M in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether payments received by the father from his employer, described as "retention bonuses" and "long service leave entitlements," constituted income for the purposes of the *Child Support (Assessment) Act 1989* (Cth). The Court was required to interpret the definition of "income" within the Act and consider relevant case law regarding the characterisation of such payments.

K Buxton M reasoned that the retention bonuses were a form of remuneration for services rendered and were therefore income under the Act. The long service leave entitlements, while accrued over time, were also found to be income when paid out, as they represented a benefit received by the father. The Court applied the principle that payments received by a parent in return for their employment or as a benefit arising from their employment are generally considered income for child support purposes, unless specifically excluded by the Act. The Court dismissed the father's appeal, upholding the assessment made by the Child Support Registrar.