Sheehan and Sheehan (Child support)

The Administrative Appeals Tribunal (AAT) considered an application for a departure determination concerning child support payments between the parties, referred to as Sheehan and Sheehan. The applicant sought to depart from the assessment of child support, arguing that the respondent’s overseas income and earning capacity should be taken into account.

The primary legal issue before the Tribunal was whether the respondent’s circumstances, specifically their overseas income and earning capacity, constituted a ground for departure from the standard child support assessment under the *Child Support (Registration and Collection) Act 1988* (Cth). The Tribunal was required to determine if it was just and equitable to make a departure determination, considering the respondent's income, property, and financial resources, including income earned overseas and certain disregarded expenses.

The Tribunal’s reasoning focused on the respondent’s ability to earn income overseas and the fact that some expenses were disregarded for child support purposes. Applying the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), the Tribunal found that the respondent’s earning capacity and overseas income were significant factors that warranted a departure from the assessed amount. The Tribunal concluded that it was just and equitable to make a departure determination.

The Tribunal set aside the original decision and substituted its own decision, granting the departure determination.