Ruffer and Ruffer (Child support) - [2019] AATA 5110

Ruffer and Ruffer (Child support) [2019] AATA 5110 (22 October 2019)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2019/PC015971
APPLICANT:  Ms Ruffer
OTHER PARTIES:  Child Support Registrar
Mr Ruffer

TRIBUNAL:Senior Member R Ellis
DECISION DATE: 22 October 2019
DECISION:

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

for the period from 4 April 2018 to 16 October 2018 the adjusted taxable income for Mr Ruffer is varied to $70,000;

for the period from 17 October 2018 to 14 July 2019 the adjusted taxable income for Mr Ruffer is varied to $159,680; and

for the period from 15 July 2019 until a terminating event occurs for the child [Child 1] the adjusted taxable income for Mr Ruffer is varied to $0.

CATCHWORDS

CHILD SUPPORT – departure determination – income, property and financial resources of the liable parent – a ground for departure established – 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 is about whether or not there should be a departure from the administrative assessment of child support.
Ms Ruffer and Mr Ruffer are the parents of [Child 1] (born November 2001) and [Child 2] (born February 2000). There has been a child support assessment in place since 10 September 2015 and Mr Ruffer is the liable parent under the assessment. This matter relates to [Child 1] only as [Child 2] is no longer a child of the assessment.
The following child support assessments are under consideration:
·       for the period from 10 March 2018 to 3 April 2018 Mr Ruffer was assessed to pay child support at an annual rate of $25,123 based on a default income for Mr Ruffer of $232,854.28 and a 2016–17 adjusted taxable income of $48,139 for Ms Ruffer;
·       for the period from 4 April 2018 to 24 July 2018 Mr Ruffer was assessed to pay child support at an annual rate of $427 based on a 2017–18 estimated adjusted taxable income of $0 for Mr Ruffer and a 2016–17 adjusted taxable income of $48,139 for Ms Ruffer; and
·       for the period from 25 July 2018 to 9 June 2019 Mr Ruffer was assessed to pay child support at an annual rate of $427 based on a 2018–19 estimated adjusted taxable income of $0 for Mr Ruffer and a 2016–17 adjusted taxable income of $48,139 for Ms Ruffer.
On 29 June 2018 Ms Ruffer applied to the Department of Human Services, Child Support (the Child Support Agency) for a change to the assessment and on 3 October 2018 the Child Support Agency made the decision to change the assessment so that for the period 29 June 2018 until a…

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 Ruffer and Ruffer (Child support)

Details

AGLC: Ruffer and Ruffer (Child support) [2019] AATA 5110
Case: [2019] AATA 5110
Decision Date: 22 October 2019

CaseChat Overview and Summary

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the liable parent, Mr Ruffer, against a child support assessment made in favour of Ms Ruffer. The dispute centred on whether the liable parent's income, property, and financial resources warranted a departure from the assessment.

The primary legal issue before the court was whether the liable parent had established a ground for departure from the child support assessment, specifically by demonstrating that the assessment was not just and reasonable having regard to his actual financial circumstances, including his income, property, and financial resources. The court was required to consider whether the liable parent's financial position was such that the standard assessment did not accurately reflect his capacity to pay child support.

The court found that a ground for departure was established. In its reasoning, the court applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*, which permit departure from a child support assessment in certain circumstances, including where the liable parent's income, property, or financial resources are significantly different from those assumed in the assessment. The court considered the evidence presented regarding the liable parent's financial position and concluded that it justified a departure.

The court set aside the original child support assessment and substituted a new assessment reflecting the liable parent's actual financial circumstances.

Orders