Schreider and Sitwell (Child support)

This matter concerned an objection decision regarding child support assessments for the father and mother. The dispute centred on the correct calculation of the father's income for child support purposes and the impact of the mother's income on the assessment. The decision was made by S Hoffman M.

The legal issues before the tribunal were whether to depart from the child support assessment based on the income, property, and financial resources of both parents. Specifically, the tribunal had to determine the father's actual income for the relevant period and consider the effect of the mother's income on the child support rate, particularly in light of her receiving Family Tax Benefit. The tribunal was also required to consider whether a departure determination would be otherwise proper, having regard to the community's interest in parents supporting their children.

The tribunal found that the father's actual income for the period between 1 August 2021 and 2 April 2022 was higher than his assessed taxable income. However, as the father was already paying the maximum rate of child support, this discrepancy did not alter the assessment for that period. From 3 April 2022, when the mother commenced employment, the tribunal determined it was just and equitable to vary the assessment to account for her income, which reduced the child support liability. The tribunal estimated that this variation would increase the annual rate of child support to approximately $31,500, resulting in an increase in the father's liability for the period to the end of July 2022. The tribunal concluded that its determination would result in an appropriate apportionment of financial responsibility between the parents and the community, and that it was otherwise proper, considering the mother's receipt of Family Tax Benefit. The tribunal set the end date for its determination at 31 August 2024 to provide certainty to the parties.