Truett and Scinta (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by Miss Truett against Mr Scinta. Miss Truett sought to have Mr Scinta's child support assessment varied retrospectively from September 2017, arguing that previous assessments did not accurately reflect his financial position. Mr Scinta contended that a retrospective variation would be unfair, given a prior change of assessment application had already been determined by the Department. The review was heard by A Freeman SM.

The primary legal issues before the Tribunal were whether it was just and equitable to depart from the administrative assessment, and if so, from what date such a departure should commence. The Tribunal was also required to consider whether a proposed departure was otherwise proper, having regard to the nature of parental duty to maintain a child and the potential impact on any income-tested pension, allowance, or benefit received by the child or carer.

The Tribunal found that Mr Scinta's earning capacity criteria for a departure were met. However, it considered it inappropriate to commence the departure from September 2017, as a change of assessment process had already occurred in early 2018, and neither party had objected to that decision. Consequently, the Tribunal determined it was just and equitable to commence its variation of Mr Scinta's Adjusted Taxable Income (ATI) to $80,000 from 1 July 2018, ending on 29 October 2019, due to the child's age. The Tribunal upheld the earlier part of the objection decision, which had varied Mr Scinta's ATI to $60,181 for the period from 1 September 2017 to 30 June 2018, finding this adequately reflected his financial position at that time. In considering whether the departure was otherwise proper, the Tribunal noted that the proposed increase in child support payments could lead to a reduction in the child's youth allowance, thereby potentially reducing the cost to the community, and concluded that the departure was otherwise proper.