Yeary-Eaton and Eaton (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by Ms Yeary-Eaton, in relation to the child support assessment payable by Mr Eaton for the benefit of their child. The Administrative Appeals Tribunal (AAT) was required to review a previous decision concerning this application.

The primary legal issue before the Tribunal was whether it was just and equitable to make a departure determination from the administrative assessment of child support, and if so, whether it was otherwise proper to do so. This involved considering the income, property, and financial resources of the liable parent, Mr Eaton, and the potential hardship to either party. The Tribunal also had to consider the nature of a parent's duty to maintain a child and the effect of any departure on Centrelink benefits received by the parties or the child.

The Tribunal found that a ground for departure was established, concluding that the decision would not cause hardship to Mr Eaton. It reasoned that Ms Yeary-Eaton, who is reliant on income support, would be better enabled to meet the needs of the child with an increased child support payment. The Tribunal determined that, in the special circumstances of the case, it was just and equitable to make a departure determination. Furthermore, the Tribunal considered the requirements of s 117(5) of the Act, including the duty of a parent to maintain a child and the impact on Centrelink benefits. Despite a potential reduction in Ms Yeary-Eaton's family assistance entitlement, the Tribunal concluded that the requirements of s 117(5)(a) were met and that it was otherwise proper to depart from the administrative assessment.