Tritton and Ashley (Child support)

The case of Tritton and Ashley concerned a departure determination made by the Child Support Registrar regarding the child support assessment of the liable parent, Mr Tritton. Ms Ashley, the payee parent, sought a departure from the assessment, arguing that Mr Tritton's income and financial resources were not accurately reflected due to benefits he derived from his business. The matter came before the court for review of the Registrar's decision.

The primary legal issue before the court was whether the Registrar had erred in refusing to make a departure determination under section 117 of the Child Support (Registration and Collection) Act 1988. Specifically, the court had to consider whether Mr Tritton's actual financial circumstances, including benefits derived from his business, were such that the assessment did not make proper allowance for his ability to pay child support.

In reaching its decision, the court reviewed the evidence presented regarding Mr Tritton's business and the financial benefits he received. The court applied the principles outlined in the Child Support (Registration and Collection) Act 1988, focusing on the definition of income and financial resources and the circumstances under which a departure determination may be made. The court found that the Registrar had failed to properly consider certain financial benefits Mr Tritton derived from his business, which impacted his capacity to pay child support.

Consequently, the court set aside the Registrar's decision and substituted its own determination. The court ordered that Mr Tritton's child support assessment be varied to reflect the additional income and financial resources identified.