O’Meagher and Child Support Registrar (Child support)

[2023] AATA 3402

O’Meagher and Child Support Registrar (Child support) [2023] AATA 3402 (21 September 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBERS:  2023/MC026247

2023/MC026263

APPLICANT:  Miss O’Meagher

OTHER PARTIES:  Child Support Registrar

TRIBUNAL:Senior Member Dordevic

DECISION DATE:  21 September 2023

CATCHWORDS

CHILD SUPPORT – dismissal of application for review – refusal to grant an extension of time to object - no reasonable prospect of success - application for review dismissed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

DISMISSAL OF APPLICATION FOR REVIEW:

1. Miss O’Meagher lodged applications for merits review with the Tribunal on 14 June 2023 (MC026247) and 16 June 2023 (MC026263) regarding objection decisions made by Services Australia - Child Support on 29 May 2022 to refuse applications for extensions of time.

2. An early case appraisal conference took place on 27 July 2023. The Tribunal contacted Miss O’Meagher by telephone and discussed the merits of the case.

3. On 27 July 2023 the Tribunal wrote to Miss O’Meagher via her nominated email address. The letter stated:

   As discussed here is some information for you to consider.

   You have asked the tribunal to review two decisions made by Child Support.

   Firstly, a decision refusing to grant you an extension of time in which to object to the decision to use an adjusted taxable income (ATI) of $74,794 for [Mr A] in the child support assessment from 20/1/23 (Decision 1).

   Secondly, a decision refusing to grant you an extension of time in which to object to the decision to use an ATI of $88,604 for you in the child support assessment from 1/12/22 (Decision 2).

   Child support assessment initially use each parent’s last ATI in the assessment for each child support period (CSP). In your case, a new CSP started from 1/12/22 and each parent’s 2021/22 ATI was to be used in the assessment from 1/12/22.
   Child support has used your 2021/22 ATI of $88,604 in the assessment from 1/12/22. That is Decision 2. It seems that decision was correct.

   As [Mr A] had not lodged his 2021/22 tax return, Child Support initially used a default income of $162,873 for him in the assessment from 1/12/22.

   [Mr A] later advised Child Support that his 2021/22 ATI was $66,902. That ATI was then used in the assessment for him from 20/1/23 which was the date he advised Child Support of his income. 

   [Mr A] later lodged his 2021/22 tax return which recorded his 2021/22 ATI as $74,794. That ATI was then used in the assessment for him from 20/1/23 (Decision 1).

   The default income of $162,873 is still used for [Mr A] in the assessment for the period 1/12/22 – 19/1/23. It seems that decision was correct.

   It therefore seems that the two decisions you have asked for an extension of time to object to are correct.

   I have outlined below a summary of the current child support assessments and why they changed:

   ·     29/7/22 – 30/11/22 $22,919 annual rate (using 2020/21 incomes)

   ·     1/12/22 – 19/1/23 $20,884 annual rate (using 2021/22 incomes - $162,873 for [Mr A])

   ·     20/1/23 – 7/2/23 $9,451 annual rate (using 2021/22 incomes - $74,794 for [Mr A])

   ·     8/2/23 – 29/2/24 $4,258 annual rate (using 2021/22 incomes - $74,794 for [Mr A] and a change of care recorded for Daniel)

   If you do not think the current child support assessment is fair, you can make a change of assessment (COA) application with Child Support asking for the assessment to be reviewed. There are ten reasons for which the assessment can be changed. I have included a link here to information in the Child Support Guide about COA applications.
    2.6 Change of assessment in special circumstances | Child Support Guide (dss.gov.au)

   Once you have considered the above, please confirm whether you wish to proceed with your tribunal applications, which relates to Decision 1 and Decision 2 as set out above.
   If you would like to speak with me again please advise and I will arrange a time to call you.

4. On 9 August 2023 the Tribunal sent a further letter by email and post to Miss O’Meagher inviting her to advise whether she intended to proceed with her applications. Following Miss O’Meagher’s request for more time to consider whether to proceed, the Tribunal wrote to her on 17 August 2023 requesting that she advised the Tribunal by 25 August 2023 whether she intended to proceed with her applications.

5. On 28 August 2023, the Tribunal sent a further letter to Miss O’Meagher, advising that the Tribunal is considering whether to dismiss the applications on the basis the applications have no reasonable prospect of success. The letter went on to invite her to provide any evidence or written submission she wanted considered withing 21 days of the letter.

6. On 18 September 2023 Miss O’Meagher advised that the current child support liability is unfair due to her earning capacity and the father’s income and financial resources.

7. The Tribunal is satisfied that the applications for review have no reasonable prospect of success and so dismisses the applications for review pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act 1975.

8. It remains open to Miss O’Meagher to lodge an application for a change of assessment with Child Support to address the issues of her earning capacity and the father’s income and financial resources.