Murphy and Murphy (Child support)

The matter of *Murphy and Murphy (Child support)* concerned an objection by Mr Murphy to a departure determination made by the Child Support Registrar concerning child support payments. The dispute centred on the inclusion of school fees as a factor in the child support assessment and the assessment of the parties' respective incomes and financial resources. The decision was made by the Child Support Registrar, acting as a tribunal.

The primary legal issue before the tribunal was whether the Child Support Registrar had erred in its initial departure determination by including school fees and in its assessment of the parties' incomes and financial resources. Specifically, the tribunal had to consider whether the circumstances warranted a departure from the standard child support assessment and how the income and financial resources of both Mr and Mrs Murphy should be calculated for the purposes of that assessment, particularly in light of the school fees.

The tribunal reasoned that the initial departure determination was flawed. It found that the inclusion of school fees in the calculation of child support was not justified under the relevant legislative provisions. Furthermore, the tribunal re-evaluated the income and financial resources of both parties. Upon review, the tribunal concluded that a departure from the standard assessment was warranted, but on different grounds and with different income figures than those initially determined.

Consequently, the tribunal set aside the original decision of the Child Support Registrar. In substitution, it allowed Mr Murphy's objection. The tribunal varied Mrs Murphy's child support income to $56,000 and Mr Murphy's to $230,000 for the relevant period. It also varied the annual rate of child support payable by Mrs Murphy, ordering additional amounts of $23,830 for the period from 2 April 2015 to 31 December 2015, $12,570 for the period from 1 January 2016 to 31 December 2016, and $13,200 annually from 1 January 2017 until a child support terminating event occurred in respect of the child.