Newell and Teel (Child support)

The Administrative Appeals Tribunal reviewed a decision concerning child support. The dispute involved the parents, referred to as Newell and Teel, and the particulars of an administrative assessment of child support. Specifically, the issue revolved around an estimate of income provided by one of the parties.

The Tribunal was required to determine whether an election to estimate income was intended to apply to a different income year than that for which it was made. This question was central to the validity and application of the income estimate in the child support assessment.

The Tribunal found that the estimate of income election was not made with the intention of applying to the income year for which it was processed. Consequently, the decision under review was set aside. The matter was remitted back to the Child Support Registrar with directions to reconsider the assessment, taking into account the correct application of the income estimate.