Pointon and Gayford (Child support)

The matter of *Pointon and Gayford (Child Support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, the father, sought to have his child support assessment reviewed, alleging that his income, property, and financial resources had changed significantly. The dispute centred on the cessation of his sole trader business and his subsequent earning capacity.

The primary legal issue before the Member was whether the father’s income and financial resources were accurately reflected in the existing child support assessment, particularly in light of his claim that his business had ceased and he was only undertaking occasional cash-in-hand work. This involved determining the true extent of his financial capacity and whether he had failed to disclose all relevant financial information, including accounts held in the name of another child.

The Member found that the father's sole trader business had continued to operate after the date he claimed it ceased. This finding was influenced by the fact that not all bank statements were provided to the Child Support agency or the tribunal, and the existence of an additional account in the name of another child. The Member concluded that the father had not fully disclosed his financial position and that his earning capacity was greater than he had represented. Although the operative decision was nearing its expiry, the Member affirmed the decision under review based on the evidence presented.