Belchier and Belchier (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the applicant parent, Mr Belchier, against the respondent parent, Ms Belchier. The dispute centred on the assessment of child support payable for the parties' child.

The primary legal issue before the court was whether a departure from the administrative assessment of child support was justified under section 117 of the *Child Support (Registration and Collection) Act 1988*. This required the court to consider whether the existing assessment was likely to be less than the amount of child support that would have been assessed if the assessment had been made under the *Assessment Act* and whether the departure would be otherwise just and equitable. The court was also required to consider the income, property, and financial resources of both parents.

The court found that a ground for departure was established, having regard to the specific circumstances of the parties. The court reasoned that the standard assessment did not adequately reflect the parties' financial positions and that a departure was necessary to achieve a just and equitable outcome for the child. The court then exercised its discretion to depart from the assessment.

The court set aside the original departure determination and substituted its own decision, ordering a revised child support amount.