Neilson and Neilson (Child support)

This matter concerned an appeal by the father, Mr Neilson, against a decision of the Child Support Registrar. The dispute centred on the Registrar's acceptance of an estimate of the father's income for the purposes of a child support administrative assessment. The father contended that the estimate should have been refused. The review was heard by Member C Breheny.

The primary legal issue before the Member was whether the Child Support Registrar had erred in accepting an estimate of the father's income when determining the child support payable. This required the Member to consider the circumstances under which an estimate of income is permissible and the evidentiary threshold for refusing such an estimate.

The Member affirmed the Registrar's decision, finding that the Registrar had acted within their powers in accepting the estimate of the father's income. The reasoning applied was that the father had failed to provide sufficient reliable information regarding his actual income, thereby necessitating the use of an estimate. The legal principle applied was that where a liable parent fails to provide adequate information about their income, the Registrar is empowered to estimate that income for the purpose of child support assessment.

The decision under review was affirmed.