Paget and Cabrera (Child support) - [2022] AATA 415

Paget and Cabrera (Child support) [2022] AATA 415 (3 February 2022)

DIVISION: Social Services & Child Support Division

REVIEW NUMBER: 2021/BC022322

APPLICANT: Mr Paget

OTHER PARTIES: Child Support Registrar

Ms Cabrera

TRIBUNAL: Member R King

DECISION DATE: 03 February 2022

DIRECTION TO ALTER DECISION OR REASONS FOR DECISION:

Pursuant to section 43AA of the Administrative Appeals Tribunal Act 1975, the following alteration is made to the decision:

The decision is altered to read: REVIEW NUMBER: 2021/BC022322

Member R King

11 March 2022

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2020/BC022322
APPLICANT:  Mr Paget
OTHER PARTIES:  Child Support Registrar
Ms Cabrera

TRIBUNAL:Member R King
DECISION DATE: 3 February 2022
DECISION:

The tribunal affirms the decision under review.

CATCHWORDS

CHILD SUPPORT – departure determination – special needs of the child established – not just and equitable to change the assessment – decision under review affirmed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed 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.

REASONS FOR DECISION

BACKGROUND

This review is about whether or not there should be a departure from the administrative assessment of child support.
Mr Paget and Ms Cabrera are the parents of [Child 1], born October 2011. Mr Paget and Ms Cabrera share [Child 1]’s care, with the care percentages recorded as 39% with Mr Paget and 61% with Ms Cabrera.
There has been a child support assessment in place, with initial registration by the Child Support Agency (CSA) on 25 September 2013. Under the pre-existing assessment, Mr Paget is the parent liable to pay child support.
For the period from 15 December 2020 to 30 June 2021 Mr Paget was assessed to pay an annual rate of $6,900 based on 2020-21 adjusted taxable income estimates of $104,859 for Mr Paget and $47,446 for Ms Cabrera. For the period from 1 August 2021 to 31 October 2022 Mr Paget is assessed to pay an annual rate of $10,501 based on 2019-20 indexed default income of of $148,985 for Mr Paget and a 2020-21 adjusted taxable income of $46,108 for Ms Cabrera. The income assessments are not the primary subject of this review.
On 24 February 2021 Mr Paget applied to the CSA for a change to the assessment on the basis that [Child 1] has special needs that significantly affected the costs of his maintenance (the grounds commonly referred to as Reason 2).
On 1 June 2021 the CSA made the decision not to change the assessment (the original decision). This decision was based on a finding that Reason 2 had not been established.
On 6 July 2021 Mr Paget objected to this decision and on 30 August 2021 an objections officer disallowed the objection. The objections officer found that Reason 2 was established but that it would not be just and equitable to change the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Paget and Cabrera (Child support)

Details

AGLC: Paget and Cabrera (Child support) [2022] AATA 415
Case: [2022] AATA 415
Decision Date: 3 February 2022

CaseChat Overview and Summary

This matter concerned an appeal to the Federal Circuit and Family Court of Australia regarding a child support departure determination. The parties, referred to as Paget and Cabrera, were in dispute over the existing child support assessment for their child. The applicant sought a departure from the standard assessment, arguing that it was not just and equitable to maintain it.

The primary legal issue before the Court was whether the existing child support assessment should be departed from, pursuant to section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). This required the Court to consider whether the assessment was not just and equitable having regard to the special needs of the child.

The Court affirmed the decision under review, finding that the special needs of the child had been established. However, it concluded that despite these special needs, it was not just and equitable to depart from the existing assessment. The Court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988* (Cth), focusing on the threshold requirement of establishing that the assessment was not just and equitable before considering the specific grounds for departure. The appeal was dismissed.

Orders