Albright and Albright (Child support)

The case of Albright and Albright (Child Support) concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The dispute involved the income, property, and financial resources of both parents, with a particular focus on the business income of the liable parent. The matter came before the court for review of a previous decision.

The primary legal issue before the court was whether the liable parent's business income constituted a ground for departure from the administrative assessment of child support. This required the court to consider whether the liable parent's actual income, derived from their business, was significantly different from the income used in the child support assessment, and if this difference was due to circumstances that warranted a departure.

The court found that the ground for departure was established. In its reasoning, the court applied the principles governing departure determinations, which allow for adjustments to child support assessments in specific circumstances, including where a parent's income, property, or financial resources are significantly different from what was used in the assessment. The court reviewed the evidence relating to the liable parent's business income and concluded that it justified a departure from the standard assessment.

Consequently, the court set aside the previous decision and substituted its own determination regarding child support.