N and B

[2003] FMCAfam 72

FEDERAL MAGISTRATES COURT OF AUSTRALIA

N & B [2003] FMCAfam 72

CHILD SUPPORT – Child in shared care – calculation of exempted income amount – allowance for relevant dependent child.

Child Support (Assessment) Act – ss.4, 5, 8, 39, 48, 117 – part 6A

Rocca v Corelli 22 FAMLR 663

Applicant: S H N

Respondent: R F B

File No: DNM2653 of 2002

Delivered on: 14 March 2003

Delivered at: Darwin

Hearing date: 10 March 2003

Judgment of: Brown FM

REPRESENTATION

The Applicant in person: Mr S N

The Respondent: No appearance

ORDERS

1. That the amended application in form 64 filed on the 9^th of December 2002 is dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
DARWIN

DNM2653 of 2002

S H N

Applicant

And

R F B

Respondent

REASONS FOR JUDGMENT

Application

1. The applicant in these proceedings is S H N.  The proceedings relate to an appeal from a decision of the Child Support Registrar made on the 13^th of September, 2002. 

2. In his amended form 64 application filed on the 9^th of December, 2002, the applicant seeks to appeal the decision of the Child Support Registrar on the following grounds:

   (1)a)  The Child Support Assessment does not reflect the ‘Particular Objects’ of the Act, specifically s.4(2)(a) “that the level of financial support to be provided by parents for their children is determined according to their capacity to provide financial support and. In particular, that parents with a like capacity to provide financial support for their children should provide like amounts of financial support”; and

   b)That the rate of child support specified in the assessment was incorrect assessed; and

   (2)a)   The ‘Exempt Income Amount’ in the assessment does not reflect that an ‘Eligible Carer’ of the Shared Care Child of the assessment is also a Principle Provider of that dependant; and

   b)The assessment does not justly and equitably reflect the Basic Living Expenses for an ‘Eligible carer’ who shares substantially equally the ongoing daily care of the Shared Care Child of the assessment.

3. He seeks the following orders:

   (1)That the Child Support Registrar adjust the Assessment by increasing the Paying Parent’s (father’s) Exempted Income Amount to reflect that the Shared Care Child of the Assessment is a Relevant Dependent of the Paying Parent; and

   (2)That any adjustment to the Assessment be made retrospective to the 29^th April, 2002 being the date of commencement of this Child Support case.

4. The applicant has appeared on his own behalf in these proceedings and prepared his own documents.  The respondent to the application is R F B.  She elected not to take any part in the proceedings, as did the Registrar of the Child Support Agency.  However, I am satisfied that both Ms B and the Registrar were served with the application and had notice of the hearing on the 10^th of March 2003. 

Background

1. The applicant and the respondent were married on the 16^th of September, 1989 and separated on the 1^st of June, 1992.  They…