Adshead and Adshead (Child support)

This matter concerned an appeal to the Full Court of the Family Court of Australia regarding a child support departure determination. The applicants, Mr and Mrs Adshead, sought to depart from the child support assessment made under the *Child Support (Registration and Collection) Act 1988* (Cth).

The central legal issue before the Full Court was whether the primary judge erred in finding that no grounds for departure from the child support assessment were established. Specifically, the court considered whether the costs of maintaining the children were significantly affected by the income, property, and financial resources of the parents, or by any special needs of the children, as contemplated by section 117 of the *Child Support (Registration and Collection) Act 1988*.

The Full Court affirmed the primary judge's decision, finding no error in the application of the relevant legislative provisions. The court reasoned that the evidence presented did not demonstrate that the costs of maintaining the children were significantly affected in a manner that would justify a departure from the standard assessment. The applicants failed to establish that the existing assessment was unfair or inequitable in light of their financial circumstances or any special needs of the children.

Consequently, the Full Court dismissed the appeal and affirmed the decision of the primary judge, meaning the original child support assessment remained in effect.