Barlow and Barlow (Child support)

The matter of *Barlow and Barlow* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the assessed child support payable by the respondent, arguing that the standard assessment did not adequately reflect the respondent's financial circumstances. The decision was made by Member S Letch of the Child Support Special Powers Division.

The primary legal issue before the court was whether a ground for departure from the child support assessment had been established, and if so, whether it was just and equitable to depart from the assessment. Specifically, the court had to consider the income, property, financial resources, and earning capacity of the liable parent (the respondent) in determining whether the standard assessment was unfair.

Member Letch found that a ground for departure was established, concluding that the respondent possessed income, property, and financial resources, as well as an earning capacity, that were not adequately reflected in the child support assessment. The court reasoned that it was just and equitable to depart from the assessment in these circumstances. The decision to depart was affirmed.