Wheeler and Wheeler (Child support)

This matter concerned an appeal to the Child Support Appeals Tribunal regarding the identification of a child support terminating event. The parties, referred to as Wheeler and Wheeler, disputed whether the child support assessment for their child had correctly terminated upon the child turning 18 years of age. The decision under review had previously accepted an application to extend the assessment past the child’s 18th birthday.

The primary legal issue before the Tribunal was whether the child was "in" full-time education at the relevant time, which would have permitted an extension of the child support assessment beyond the age of 18. This required the Tribunal to consider the specific criteria for determining full-time education within the context of the Child Support legislation.

The Tribunal considered the evidence presented regarding the child's enrolment and attendance at an educational institution. It applied the principles established in relevant case law concerning the interpretation of "in full-time education" for the purposes of child support assessments. The Tribunal found that the previous decision had erred in its assessment of whether the child met the criteria for continued support. Consequently, the Tribunal set aside the previous decision and substituted its own determination. The Tribunal ordered that the child support assessment had terminated on the child's 18th birthday.