Rusani and Halici (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by the father, Mr Rusani, to change a child support assessment. The dispute concerned the father's income and financial resources, specifically his use of company funds and assets for personal expenses and use, including a director's loan and retained profits. The AAT's decision under review affirmed the findings of the objections officer.

The primary legal issue before the Tribunal was whether the father's access to and use of company funds and assets constituted income or financial resources that should be included in the child support assessment. This involved determining the nature of the director's loan and retained profits within the context of the father's financial capacity and obligations under the *Child Support (Registration and Collection) Act 1988*.

The Tribunal affirmed the objections officer's decision, finding that the father's use of company funds and assets for personal benefit was indicative of his financial capacity. The Tribunal applied the principles of child support assessment, which require consideration of all relevant income and financial resources available to a liable parent. The director's loan and retained profits were treated as effectively available to the father for his personal use, thereby increasing his assessable income for child support purposes.