Weasley and Weasley (Child support) - [2018] AATA 2294

Weasley and Weasley (Child support) [2018] AATA 2294 (10 May 2018)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2017/MC012431
APPLICANT:  Mrs Weasley
OTHER PARTIES:  Child Support Registrar
Mr Weasley

TRIBUNAL:Member S Lewis
DECISION DATE: 10 May 2018
DECISION:

The tribunal sets aside the decision under review and, in substitution, decides that for the period 28 October 2016 until there is a terminating event in relation to the child of the assessment:

Mrs Weasley’s adjusted taxable income is varied to $340,000; and
Mr Weasley’s adjusted taxable income is varied to $160,000.

CATCHWORDS
Child support – Departure determination - Income, property and financial resources of parents - Obligation on the parties to make a full and complete disclosure of their financial affairs - Business income - 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 removed 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

This application for review has been brought by Mrs Weasley who disagrees with a decision made by the Department of Human Services, Child Support (the Department).
Mrs Weasley and Mr Weasley are the parents of the child, [Child 1] (born December 2002). The Department records that Mrs Weasley currently has 100% care of the child and Mr Weasley has 0%. This change in care came into effect on 10 April 2017 (being the date of notification). Prior to that, Mr Weasley had a care percentage of 24%. Mr Weasley is the parent liable to pay child support.
On 5 December 2016 Mr Weasley applied to the Department for a decrease to the assessed rate of child support on the ground that in the special circumstances of this case the administrative assessment results in an unjust and inequitable level of child support because of Mrs Weasley’s income, property, and financial resources. At the time of the application, Mr Weasley was assessed to pay an annual rate of child support of $11,618 (based on a care percentage of 24%).
On 24 February 2017, Mrs Weasley lodged a response to the current application together with a cross-application. She sought a departure from the administrative assessment on the ground that in the special circumstances of this case the administrative assessment results in an unjust and inequitable level of child support because of Mr Weasley’s income, property, financial resources and earning capacity.
On 9 May 2017, a senior case officer, acting as a delegate of the Child Support Registrar, considered the departure application and determined that:
· From 5 December 2016 to 31 March 2017, Mr Weasley’s adjusted taxable income is varied to $95,008 and Mrs Weasley’s adjusted taxable income varied to $130,637; and
· From 1 April 2017 to the day [Child 1] ceases to be an eligible child, Mr Weasley’s adjusted taxable income is varied to $96,616 and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Weasley and Weasley (Child support)

Details

AGLC: Weasley and Weasley (Child support) [2018] AATA 2294
Case: [2018] AATA 2294
Decision Date: 10 May 2018

CaseChat Overview and Summary

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The parties, referred to as Weasley and Weasley, were involved in a dispute regarding child support obligations. The decision under review was made by the Registrar, and the court was asked to set aside and substitute that decision.

The primary legal issue before the court was whether the Registrar's decision concerning the income, property, and financial resources of the parents was correct. This involved an assessment of the parties' obligations to make full and complete disclosure of their financial affairs, particularly in relation to business income, and whether such disclosure had been adequately made and considered.

The court's reasoning focused on the principles of full financial disclosure in child support matters. It was held that a failure to provide a complete and accurate picture of financial circumstances, especially concerning business income, could lead to an erroneous assessment. The court applied the legal principles governing departure determinations, which require a thorough examination of all relevant financial information to ensure a just and equitable outcome for the child. The court found that the Registrar's decision had failed to adequately address these disclosure obligations and the implications of the business income.

Consequently, the court set aside the Registrar's decision and substituted its own determination, reflecting a more accurate assessment of the parties' financial positions and child support liabilities.

Orders