Rahbari and Guadalupe (Child support) - [2025] ARTA 1637

Rahbari and Guadalupe (Child support) [2025] ARTA 1637 (28 July 2025)

Applicants: Mr Rahbari

Ms Guadalupe

Respondent: Child Support Registrar

Other Parties: Ms Guadalupe
Mr Rahbari

Tribunal Numbers: 2024/BC028905
2024/BC028909

Tribunal:General Member P Noonan
Place:Melbourne
Date:28 July 2025

Decision:The Tribunal sets aside the decision under review and in substitution decides that:

·     For the period 1 March 2024 to 30 June 2025 the annual rate of child support payable by Mr Rahbari is varied to $2,600.
·     For the period 1 July 2025 to 30 June 2026 the annual rate of child support payable by Mr Rahbari is varied to $2,800.
·     For the period 1 July 2026 to 30 June 2027 the annual rate of child support payable by Mr Rahbari is varied to $3,000.
·     For the period 1 July 2027 to 30 June 2028 the annual rate of child support payable by Mr Rahbari is varied to $3,200.

CATCHWORDS

CHILD SUPPORT – departure determination – income, property and financial resources – limited income vs stable income – modest access to financial resources – 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 omitted from this decision and replaced with generic information pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.

Statement of Reasons

BACKGROUND

Mr Rahbari (the father) and Ms Guadalupe (the mother) are the parents of one child, who is currently nine years old, for the purposes of the child support assessment under review.
A child support case was first registered with Services Australia – Child Support (Child Support) on 31 October 2019 and child support has been registered for collection by Child Support.
On 15 March 2024 the mother applied for a change to the administrative assessment which at that time assessed the father’s child support liability at $0 per annum. This was based upon his 2022/23 adjusted taxable income (“ATI”) of $39,424 and the mother’s 2022/23 ATI of $88,687.
On 17 July 2024 a Child Support officer, acting as a delegate of the Registrar, found that a ground for departure was established and accordingly decided that for the period 1 March 2024 to 31 May 2026 the father’s ATI was to be set at $100,000.
The father objected to this decision and on 28 October 2024 the objections officer partly allowed the objection and found that a ground for departure was established and accordingly decided that for the period 1 March 2024 to 31 October 2026 the father’s ATI was to be set at $90,867.
Both parents subsequently applied to the Administrative Review Tribunal for an independent hearing of Child Support’s decision.
A hearing was held into the matter on 28 July 2025. Both parents gave evidence by conference telephone.
Pursuant to paragraph 98C(1)(b) of the Child Support (Assessment) Act 1989 (the Act), a decision to depart from the administrative assessment may be made if the following requirements are met:

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.

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Details

Case: [2025] ARTA 1637
Decision Date: 28 July 2025

CaseChat Overview and Summary

In the matter of Rahbari and Guadalupe, the Administrative Review Tribunal considered an application by the mother for a departure from the administrative assessment of child support payable by the father. The Tribunal was required to determine whether a ground for departure existed under subparagraph 117(2)(c)(ia) of the Child Support (Assessment) Act 1989, and whether any departure would be just and equitable. The Tribunal also had to consider whether any departure would be otherwise proper.

The Tribunal concluded that a ground for departure existed because the father’s self-employed status and the way in which he structured his business expenses meant that his taxable income did not accurately reflect his financial resources. The Tribunal found that the father had an adjusted taxable income of $45,653, rather than the $39,424 used in the administrative assessment. The Tribunal considered this to be a special circumstance, as the administrative assessment would have resulted in an unjust and inequitable determination of the level of financial support to be provided by the father. The Tribunal also concluded that a departure would be just and equitable, as the father could afford to pay more than the modest child support payment of approximately $1,708 per annum, as calculated by the Tribunal. The Tribunal decided that it would be otherwise proper to depart from the administrative assessment, as it would not have any adverse effect upon the community.

Accordingly, the Tribunal set aside the decision under review and in substitution decided that for the period 1 March 2024 to 30 June 2025 the annual rate of child support payable by the father is varied to $2,600; for the period 1 July 2025 to 30 June 2026 the annual rate of child support payable by the father is varied to $2,800; for the period 1 July 2026 to 30 June 2027 the annual rate of child support payable by the father is varied to $3,000; and for the period 1 July 2027 to 30 June 2028 the annual rate of child support payable by the father is varied to $3,200.

Orders