Berkowitz and Berkowitz (Child support)

The matter of *Berkowitz and Berkowitz* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary an existing child support assessment, arguing that the liable parent's income, property, and financial resources were not accurately reflected in the assessment. Specifically, the dispute centred on benefits derived by the liable parent from a family trust and their business.

The primary legal issue before the court was whether the liable parent's actual financial position, including income and benefits received from their business and a family trust, warranted a departure from the child support assessment. This required the court to consider the extent to which these resources should be taken into account when determining the liable parent's capacity to pay child support.

The court's reasoning focused on the principles of child support assessment, which aim to ensure that a liable parent contributes appropriately to the costs of raising their children based on their financial capacity. The Presiding Member, P Jensen, examined the evidence presented regarding the liable parent's income and the benefits derived from the family trust and business. The court applied the relevant provisions of the *Child Support (Registration and Collection) Act 1988* to determine if these financial resources constituted a relevant factor for departure. The decision under review was varied.