Welaman and Welaman (Child support)

The Administrative Appeals Tribunal considered the matter of Welaman and Welaman concerning a child support administrative assessment. The dispute involved the respondent's objection to the applicant's estimated income for the purposes of the assessment, specifically relating to deferred income from imputation credits.

The Tribunal was required to determine whether the applicant's estimate of income was reasonable and whether the respondent's refusal to accept this estimate was justified. The central legal issue was the proper characterisation and inclusion of deferred income from imputation credits within the calculation of a parent's adjusted taxable income for child support purposes.

Member S Hoffman affirmed the respondent's decision, finding that the applicant's estimate of income was not reasonable. The Tribunal reasoned that the deferred income from imputation credits, while potentially relevant in other contexts, did not meet the criteria for inclusion as an estimate of income under the relevant child support legislation in this instance. The decision underscored the specific requirements for income estimation in child support assessments, particularly concerning the timing and nature of income.