Annan and Annan (Child support)

The case of *Annan and Annan (Child support)* concerned an application by the father, Mr. Annan, to vary an existing child support assessment. The mother, Ms. Annan, opposed the application. The matter came before the Federal Circuit Court of Australia, presided over by Magistrate Dordevic.

The primary legal issue before the court was whether there had been a "relevant change of circumstances" since the last assessment of child support, as required by section 44(1) of the *Child Support (Registration and Collection) Act 1988* (Cth) for a departure from the standard assessment. The court also had to consider whether, if a relevant change of circumstances was established, the departure would be "just and equitable" and "otherwise proper" under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth).

Magistrate Dordevic reasoned that the father had not demonstrated a relevant change of circumstances that would justify a departure from the existing assessment. The court considered the father's arguments regarding his increased income and the mother's reduced income, but found that these changes did not meet the threshold for a departure. The court applied the principles established in child support legislation and relevant case law, emphasizing the high bar required to vary an assessment and the need for a significant and material change in circumstances. The court noted that the existing assessment was based on the information available at the time and that the onus was on the applicant to prove a change warranting a variation.

The application to vary the child support assessment was dismissed.