Mitchell and Arianto (Child support)

This matter concerned an appeal by the liable parent, Mr Mitchell, against a departure determination made by the Child Support Registrar. The dispute centred on the assessment of Mr Mitchell's income and financial resources for the purpose of calculating child support payable to Ms Arianto. The appeal was heard by Deputy Principal Member P Jensen.

The primary legal issue before the court was whether a ground for departure existed under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to determine if Mr Mitchell's adjusted taxable income, as assessed by the Registrar, accurately reflected his actual income and financial resources, and if this discrepancy warranted a departure from the standard assessment.

Deputy Principal Member Jensen found that the Registrar had erred in its assessment of Mr Mitchell's business income. The court reasoned that the Registrar failed to adequately consider the full extent of Mr Mitchell's income and financial resources derived from his business activities. Applying the principles of assessing a liable parent's capacity to pay, the court concluded that Mr Mitchell's adjusted taxable income should be varied to reflect a more accurate representation of his financial position.

Consequently, the decision under review was set aside and substituted. The court ordered that Mr Mitchell's adjusted taxable income be varied, thereby altering the child support assessment.