Amin and Kahoe (Child support)

This matter concerned an application by the father, Mr Amin, for a departure from the child support assessment made under the *Child Support (Assessment) Act 1989* (Cth) in relation to his two children, who resided with their mother, Ms Kahoe. The father sought to reduce his child support liability, arguing that his current income was significantly lower than that used in the assessment due to a voluntary reduction in his working hours.

The primary legal issue before the court was whether the father had established that the child support assessment should be departed from, pursuant to section 117 of the *Child Support (Assessment) Act 1989*. Specifically, the court had to determine if the father’s voluntary decision to reduce his working hours constituted a relevant circumstance that warranted a departure from the standard assessment, considering the objects of the Act, which include ensuring that children receive a proper level of financial support from their parents.

The court considered the father's reasons for reducing his hours, which he stated were for personal well-being and to pursue other interests. However, the court found that the father had not demonstrated that this reduction in income was due to exceptional circumstances or that it was not a voluntary act. Applying the principles established in case law regarding voluntary unemployment or underemployment, the court determined that the father had not met the threshold for a departure from the assessment. The court emphasised that a parent cannot unilaterally reduce their earning capacity and then seek to avoid their child support obligations based on that reduction.

Consequently, the court dismissed the father's application for a departure from the child support assessment.