Shersby and Armon (Child support)

This matter concerned an application by the mother, Shersby, to depart from a child support administrative assessment made by the Child Support Registrar. The father, Armon, sought to have the assessment affirmed. The dispute centred on whether the costs associated with the child's developmental conditions, including necessary medications and a laptop for school, constituted a special circumstance that warranted a departure from the standard assessment. The application was heard by Senior Member S De Bono.

The primary legal issue before the Tribunal was whether it was just and equitable to depart from the administrative assessment of child support. This required the Tribunal to consider whether the child had special needs and whether the costs incurred in meeting those needs were of a kind that justified a departure. The Tribunal also had to determine the father's adjusted taxable income, considering his business income, deductions, and personal expenses, to ensure any revised assessment accurately reflected his capacity to pay.

In reaching its decision, the Tribunal applied the principles outlined in the *Child Support (Registration and Collection) Act 1988*. It found that the child's developmental conditions constituted a special need, and the ongoing costs of medication and the provision of a laptop for educational purposes were significant and directly related to meeting that need. The Tribunal carefully scrutinised the father's financial position, affirming his adjusted taxable income after considering his business affairs and personal expenditure. The Tribunal concluded that it was indeed just and equitable to depart from the administrative assessment.

The Tribunal varied the decision under review, ordering a departure from the administrative assessment to account for the child's special needs.