Park and Addinson (Child support) - [2020] AATA 4919

Park and Addinson (Child support) [2020] AATA 4919 (7 September 2020)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2020/SC018895
APPLICANT:  Ms Park
OTHER PARTIES:  Child Support Registrar
Mr Addinson

TRIBUNAL:Member M Douglas
DECISION DATE: 7 September 2020
DECISION:

The Tribunal sets aside the decision under review and in substitution decides that the annual rate of child support payable by Mr Addinson be varied to $4,712 for the period 1 March 2020 to 31 December 2021.

CATCHWORDS

CHILD SUPPORT – departure determination – income, property and financial resources of both parents – a ground for departure established based on the incomes of both parents – decision to depart - decision under review set aside and substituted

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 concerns an objection decision Services Australia (the Agency) made on 11 April 2020 departing from provisions of the Child Support (Assessment) Act 1989 (the Act) relating to an assessment of child support for Ms Park and Mr Addinson’s children, [Child 1] and [Child 2].
The Agency is the government instrumentality through which the Child Support Registrar acts. It was previously known as the Department of Human Services (the Department) In order to understand the decision the Tribunal is reviewing it is appropriate to provide briefly some context about how an assessment is made and also provide some background about an earlier objection decision the Department made that was also reviewed by the Tribunal.
An assessment of child support is made in accordance with the provisions of Part 5 of the Child Support (Assessment) Act 1989 (the Act). Broadly speaking, those provisions prescribe a formula that applies to several variables to work out what child support one parent is to pay the other. Those variables include such things as the parents’ incomes for the financial year preceding the child support period to which the assessment relates, the level of care the parents provide for their children, the cost of the children and the parents’ responsibility to support any children they have from other relationships. If a parent believes there are special circumstances in their case, the parent may apply to the Registrar under section 98B of the Act for a determination to depart from those provisions of the Act relating to the assessment of child support. The Registrar describes such an application as a “change of assessment application”.
Ms Park made such an application on 23 November 2017 to the Department. The decision the Department made with respect to her application was the subject of objections from both her and Mr Addinson. The Department made a decision on 11 June 2018 in response to both their objections, and that objection decision was reviewed by the Tribunal on 18 October 2018,…

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 Park and Addinson (Child support)

Details

AGLC: Park and Addinson (Child support) [2020] AATA 4919
Case: [2020] AATA 4919
Decision Date: 7 September 2020

CaseChat Overview and Summary

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a departure determination made under the *Child Support (Registration and Collection) Act 1988* (Cth). The appeal was brought by the father, Park, against the decision of a single judge who had affirmed a departure determination made by the Child Support Registrar. The dispute centred on the Registrar's decision to depart from the formula assessment of child support payable by the father to the mother, Addinson, on the grounds of the respective incomes of the parties.

The primary legal issue before the Full Court was whether the single judge had erred in affirming the Child Support Registrar's decision to depart from the formula assessment. Specifically, the Court was required to consider whether the Registrar had correctly applied the relevant grounds for departure, particularly concerning the income, property, and financial resources of both parents, and whether the departure decision itself was justified.

The Full Court found that the Registrar had established a ground for departure based on the incomes of both parents. The Court reasoned that the disparity in their incomes was significant enough to warrant a departure from the standard formula assessment. The single judge's affirmation of this decision was upheld, as the Full Court concluded that no error of law had been demonstrated in the original departure determination.

Consequently, the Full Court dismissed the father's appeal. The decision of the single judge, which affirmed the Child Support Registrar's departure determination, was therefore allowed to stand.

Orders