Batton and Batton (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) by the respondent parent, Mr Batton, against a child support assessment made in favour of the applicant parent, Ms Batton. The dispute centred on the income, property, and financial resources of both parents, particularly benefits derived from a business and income from a family trust. The decision under review was set aside and substituted.

The primary legal issue before the court was whether the existing child support assessment was likely to be less than the amount of child support that would be assessed if the assessment were made under the *Child Support (Assessment) Act 1989* (Cth), having regard to the specific circumstances of the case. This required the court to consider the income, property, and financial resources of both parents, including any benefits derived from business activities and income generated through a family trust, to determine if a departure from the standard assessment was justified.

The court's reasoning focused on the actual financial capacity of the respondent parent. It was found that the respondent parent had access to significant financial resources through his business and a family trust, which were not fully reflected in his assessed income for child support purposes. The court applied the principles of the *Child Support (Assessment) Act 1989* (Cth) to consider these resources, determining that the respondent parent's effective income and financial capacity were substantially greater than what was being considered under the existing assessment. This led to the conclusion that a departure was warranted to ensure a more equitable and appropriate child support obligation.

The court set aside the original child support assessment and substituted it with a new assessment that more accurately reflected the respondent parent's financial capacity, taking into account the benefits derived from his business and family trust.