Alley and Alley (Child support)

The matter of *Alley and Alley* concerned an application to the court for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the assessed child support payable by the respondent varied on the basis of the respondent's income, property, and financial resources. The primary dispute revolved around the respondent's business income and his capacity to service a loan, with allegations of a failure to make full and frank disclosure of his financial position.

The court was required to determine whether the respondent's actual financial circumstances warranted a departure from the assessed child support amount. Specifically, the court had to consider the extent of the respondent's income derived from multiple business sources and his ability to meet financial obligations, including a loan, in light of his child support responsibilities. A key issue was whether the respondent had adequately disclosed all relevant financial information to the Child Support Registrar.

In its reasoning, the court applied the principles governing departure determinations under the *Child Support (Registration and Collection) Act 1988*. The court found that the respondent had not made full and frank disclosure of his income and financial resources. The court considered the multiple sources of business income and the respondent's capacity to service a loan, concluding that these factors indicated a greater capacity to pay child support than was reflected in the initial assessment. Consequently, the court set aside the original decision and substituted its own determination.