Vannoy and Cleland (Child support) [2023] AATA 2946 (16 August 2023)
DIVISION:Social Services & Child Support Division
REVIEW NUMBER: 2023/PC025884
APPLICANT: Mr Vannoy
OTHER PARTIES: Child Support Registrar
Ms Cleland
TRIBUNAL:Member S Hoffman
DECISION DATE: 16 August 2023
DECISION:
The Tribunal sets aside the decision under review and, in substitution, decides as follows:
For the period from 25 August 2022 to 30 June 2023:
oMr Vannoy’s adjusted taxable income is varied to $114,389.
oMs Cleland’s adjusted taxable income is varied to $129,199.
For the period from 25 August 2022 to 31 December 2022, the annual rate of child support payable by Mr Vannoy is increased by $5,033.
For the period from 1 January 2023 to 30 June 2023, the annual rate of child support payable by Mr Vannoy is increased by $3,075.
For the period from 1 July 2023 to 31 October 2024, Mr Vannoy’s annual rate of child support is varied to $459, equivalent to the minimum annual rate of child support for 2023.
CATCHWORDS
CHILD SUPPORT – departure determination – income, property and financial resources of the liable parent – school fees - a ground for departure established – decision to depart - decision under review set aside and substituted
Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.
REASONS FOR DECISION
BACKGROUND
The child support case relevant to this review was registered with Services Australia – Child Support (Child Support) on 30 April 2018. Child Support has been involved with the collection of child support for [Child 1], aged 12 years old, since then.
On 25 August 2022, the mother applied for a change of assessment (COA).
The assessment then in place was that the father was required to pay an annual rate of child support of $5,413 to the mother, based on his adjusted taxable income from a previous COA of $62,000 and the mother’s taxable income for 2020–21 of $90,181. This assessment had been in place since 1 February 2022.
According to Child Support’s records, the mother has provided 100% of the child’s care.
An officer from Child Support made a decision on 22 November 2022, in response to the COA application. They varied the father’s adjusted taxable income to $179,000 and the mother’s adjusted taxable income to $123,845 for the period 25 August 2022 to 31 December 2023. In addition, the annual rate of child support payable by the father was increased by $5,033 as his contribution to the child’s private school costs (the original decision).
On 4 January 2023 the father objected to the original decision.
On 22 March 2023, an objections officer from Child Support disallowed the objection. That meant there was no change to the original decision.
On 29 March 2023, the father lodged an application for review of the…
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- Case
- [2023] AATA 2946
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Tribunal was whether the Registrar had erred in making the departure determination. Specifically, the Tribunal was required to determine if the Registrar had correctly applied the provisions of the *Child Support (Registration and Collection) Act 1988* (Cth) in finding that Mr. Vannoy's capacity to pay was not accurately reflected by his assessed income, and whether the Registrar's decision to depart was justified on the evidence.
The Tribunal found that the Registrar had erred in her assessment. While acknowledging that school fees paid for other children could be a relevant consideration in determining a parent's capacity to pay, the Tribunal held that the Registrar had not adequately considered all relevant factors. The Tribunal noted that the Registrar had failed to properly assess Mr. Vannoy's actual income and financial resources, and had not given sufficient weight to evidence regarding his existing financial obligations. The Tribunal concluded that the Registrar's decision to depart from the assessment was not supported by the evidence.
The Tribunal set aside the Registrar's departure determination and substituted its own decision, finding that no grounds for departure were established. Consequently, the original child support assessment remained in effect.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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