Werner and Werner (Child support)

[2018] AATA 947

Werner and Werner (Child support) [2018] AATA 947 (7 March 2018)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2017/BC013150

APPLICANT:  Mr Werner

OTHER PARTIES:  Child Support Registrar

Mrs Werner

TRIBUNAL:Member S Letch

DECISION DATE:  07 March 2018

DECISION:

The decision under review is affirmed.

Member S Letch

CATCHWORDS
Child support – Particulars of the administrative assessment – Taxable income assessed by the Australian Tax Office – Adjusted taxable income correctly applied – Decision under review affirmed

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

1. On 25 August 2017, the Department of Human Services (“the Department”) decided to apply Mrs Werner’s 2016/17 adjusted taxable income from 1 October 2017, resulting in Mr Werner being assessed to pay $375.50 per month in child support in respect of the children [Child 1] and [Child 2].

2. On 22 September 2017, Mr Werner objected to that decision. He suggested that Mrs Werner’s adjusted taxable income was not reflective of her financial capacity; however, he did not make a formal application for a “change of assessment”.

3. On 22 November 2017, an objections officer affirmed the decision, noting that “We attempted to contact Mr Werner by phone and in writing to explain to him how he can make an application for a change of assessment…”. 

4. On 19 December 2017, Mr Werner applied to the Tribunal for review.

5. The Tribunal conducted a hearing on 28 February 2018; Mr Werner and Mrs Werner participated in the hearing by conference telephone.

CONSIDERATION

1. The Tribunal explained to Mr Werner during the hearing that the Department’s routine application of Mrs Werner’s 2016/17 income in accordance with the child support formula was entirely proper: Part 5 of the Child Support (Assessment) Act 1989. That is the only decision before the Tribunal; being satisfied Mrs Werner’s adjusted taxable income has been properly inserted into the formula, the Tribunal must affirm the decision under review.

2. The Tribunal explained to Mr Werner that there are formal requirements he must follow in order to apply for a departure from the formula under Part 6A of the Child Support (Assessment) Act 1989. Mr Werner should approach the Department and obtain the necessary application forms. Mrs Werner will be invited to actively participate in the Department’s deliberations.

3. Should Mr Werner not be satisfied with the outcome of his application for a departure, he may seek internal review, and return to the Tribunal if he elects to do so.  Mrs Werner will have the same review rights in respect of any departure decision made by the Department.

4. As the Tribunal has reached the same conclusion as the objections officer, the decision under review will be affirmed.

DECISION

The decision under review is affirmed.