Vannoy and Cleland (Child support)

The Administrative Appeals Tribunal (AAT) considered the appeal of Mr. Vannoy (the applicant) against a departure determination made by the Child Support Registrar. The dispute concerned the Registrar's decision to depart from the assessment of child support payable by Mr. Vannoy to Ms. Cleland (the respondent) for their two children, based on the Registrar's finding that Mr. Vannoy had a greater capacity to pay child support than indicated by his assessed income. The Registrar had taken into account Mr. Vannoy's ability to pay school fees for his other children as evidence of this capacity.

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.