Woods and Boone (Child support) - [2019] AATA 5118

Woods and Boone (Child support) [2019] AATA 5118 (15 August 2019)

DIVISION:Social Services & Child Support Division
REVIEW NUMBER:  2019/SC016012
APPLICANT:  Mr Woods
OTHER PARTIES:  Child Support Registrar
Ms Boone

TRIBUNAL:Member K Dordevic
DECISION DATE: 15 August 2019
DECISION:

The tribunal sets aside the decision under review and, in substitution, decides that Mr Woods’ adjusted taxable income is varied to:

· $79,000 for the period 2 July 2018 to 28 February 2019; and
· $53,300 from 1 March 2019 until a terminating event occurs.

CATCHWORDS

CHILD SUPPORT – departure determination – income, property and financial resources of the liable parent – a ground for departure established – decision to depart - 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

Relevant to this application, Mr Woods and Ms Boone are the parents of [Child 1] (born 2005). Ms Boone is recorded as having 100% care of [Child 1]. The case was registered with the Department of Human Services (the Department) on 14 June 2005 and has been collectable by the Department since 13 October 2010.
The Child Support (Assessment) Act 1989 (the Act) provides for an administrative assessment of the child support payable. It uses a formula which contains variables such as the parents’ adjusted taxable incomes and their percentages of care of the children. The Act also provides for a departure from the administrative assessment in certain circumstances.
On 2 July 2018 Ms Boone lodged a departure application with the Department.
On 29 October 2018 a senior case officer determined that for the period 1 July 2018 to 31 December 2020 Mr Woods’ annual rate of child support is varied to $5,000.
Mr Woods lodged an objection to that decision on 21 November 2018. On 21 February 2019 his objection was allowed. It was determined that for the period 1 July 2018 to 31 December 2020 Mr Woods’ adjusted taxable income is varied to $83,076 per annum.
On 27 February 2019 Mr Woods sought further review with the Social Services and Child Support Division of the Administrative Appeals Tribunal (the tribunal).
A telephone directions hearing was held on 28 May 2019. The matter was heard on 15 August 2019. Mr Woods and Ms Boone appeared by conference telephone. The Child Support Registrar was not represented at the hearing.
In reaching its decision the tribunal has considered the sworn evidence of Mr Woods and Ms Boone. The tribunal also considered the documentation provided by the Department (folios 1-401), Mr Woods (folios A1-A39) and Ms Boone (folios B1-B34) and, following a request from the tribunal, additional information provided by Roads and Maritime Services NSW (RMS) (C1-76).

ISSUES

The statutory provisions relevant to this review are outlined in paragraph 98C(1)(b) of…

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 Woods and Boone (Child support)

Details

AGLC: Woods and Boone (Child support) [2019] AATA 5118
Case: [2019] AATA 5118
Decision Date: 15 August 2019

CaseChat Overview and Summary

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Woods, sought to depart from the assessed child support amount payable by the respondent, Boone, on the grounds of Boone's income, property, and financial resources. The case was heard by Magistrate Dordevic.

The central legal issue before the court was whether a ground for departure from the child support assessment had been established, and if so, whether it was just and equitable to make a departure determination. This required the court to consider the specific circumstances of the parties and the child, and to assess whether the existing assessment was inadequate or excessive due to the respondent's financial position.

Magistrate Dordevic found that a ground for departure had been established, indicating that the respondent's income, property, or financial resources were such that the assessed amount did not adequately reflect his capacity to pay or the child's needs. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the just and equitable considerations for making a departure determination. The court determined that it was indeed just and equitable to depart from the assessment.

Consequently, the court set aside the original child support assessment and substituted it with a new determination reflecting the findings made regarding the respondent's financial circumstances.

Orders