BELL & NAHOS (No.2)

In *Bell & Nahos (No.2)*, the Federal Circuit Court of Australia considered an application by the Mother for a departure order under section 116(1)(b) of the *Child Support (Assessment) Act 1989* (Cth). The Mother also sought an order for the Father to make a lump sum payment, to be credited 100% against his child support liability, pursuant to section 123(1)(b) of the Act. The Father opposed both the departure order and the lump sum payment.

The central legal issues before Judge Bender were whether the circumstances warranted a departure from the usual child support assessment, and if so, whether a lump sum payment was an appropriate method to satisfy the Father's child support obligations. The court was required to determine if the statutory criteria for a departure order were met and to consider the implications of a lump sum payment under the relevant provisions of the Act.

The court found in favour of the Mother, making a child support departure order. It reasoned that the circumstances justified a departure from the standard assessment. Consequently, the court ordered the Father to pay a lump sum of $30,346.12 to the Mother by 3 December 2017. This payment was to be credited 100% against any future child support liability of the Father for the child X, born in 2011, for the period spanning from 11 June 2014 to 12 December 2023.