TGN and TMW

[2002] FMCAfam 250

FEDERAL MAGISTRATES COURT OF AUSTRALIA

TGN & TMW [2002] FMCAfam 250

FAMILY LAW – Child support – departure order – taxable income not actual income – school fees – orthodontic expenses.

Applicant: TGN

Respondent: TMW

File No: (P)MLM 9804 of 2001

Delivered on: 14 August 2002

Delivered at: Melbourne

Hearing Date: 8 March 2002

Judgment of: Walters FM

REPRESENTATION

Counsel for the Applicant: Ms Stewart

Solicitors for the Applicant: Mason Sier Turnball

Counsel for the Respondent: Mr Ramsey

Solicitors for the Respondent: Anderson Partners

ORDERS

1. There is to be a departure from all relevant administrative assessments of child support for the period 1 July 2000 to 4 August 2003, in such a manner as to provide for the variation of the annual rate of child support payable by the husband from $4,128.00 per annum (or such other annual amount as may have been determined from time to time) to the amount of $15,000.00 per annum.

2. There is to be a further departure from all relevant administrative assessments of child support for the period 8 March 2002 to 8 August 2003, to the effect that the husband provide child support for the children otherwise than in the form of periodic amounts paid to the wife — such child support to comprise the following:

   (a)payment by the husband of one half of the School Costs (as I have defined them) and dental expenses; and

   (b)payment by the husband of the whole of the orthodontic expenses for the child J.

3. The order referred to in (b) above is an order under section 124 of the Assessment Act, and the child support to be provided by the husband pursuant to it is not to be credited against the husband’s liability under any relevant assessment.

4. The order for the indemnity sought by the wife is to be made by consent.

5. Counsel will be heard as to the precise terms of the orders that will be required to give effect to the within Judgment.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

(P)MLM 9804 of 2001

TGN

Applicant

And

TMW

Respondent

REASONS FOR JUDGMENT

Introduction

1. Before the Court is the wife’s application for departure from the current administrative assessment of child support payable by the husband for the two children of the marriage, A born 8 August 1985 (now aged 17) and J born 12 December 1987 (now aged 14).

2. The wife’s form 63 application was filed on 12 December 2001. The orders sought by the wife were not stated with precision in her application. It is clear from the submissions filed on her behalf, however, that the orders now sought by her are as follows:

   a)There be a departure from administrative assessment for the period 30 June 1999 to 8 March 2004 as follows:

   i)the annual rate payable by way of periodic support be fixed at $15,000.00 per annum;

   ii)the husband pay one half of the children’s school, extra curricular and dental expenses, such payments to be made within 7 days of the provision of a…