Perkins and Bain (Child Support)

This matter concerned a departure determination made by the Department of Human Services regarding child support payments between Mr Perkins and Mrs Bain. Mr Perkins sought to challenge the determination, arguing that he was being required to contribute to costs that Mrs Bain was not actually incurring, and that the documentation provided by Mrs Bain to substantiate her out-of-pocket expenses was inadequate. The case came before the Tribunal for review of the Department's decision.

The primary legal issue before the Tribunal was to determine the appropriate amount of child support payable by Mr Perkins, specifically in relation to the special needs of Child 2. This involved assessing the actual out-of-pocket expenses incurred by Mrs Bain for Child 2's treatment and determining whether the Department's departure determination accurately reflected these costs, given the noted deficiencies in the supporting documentation.

The Tribunal acknowledged the difficulty in precisely calculating Child 2's ongoing treatment costs due to the inadequacy of the documentation provided by Mrs Bain. Despite this, the Tribunal was required to make a determination based on the available evidence, applying the principles of child support legislation to ensure a fair contribution from Mr Perkins. The Tribunal noted that previous decisions had also highlighted the lack of precise costings and the need for better documentation. The Tribunal indicated it would proceed to make the best possible assessment with the evidence presented.