Blanton and Grist (Child support)

This matter concerned an application by the father, Mr. Blanton, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) to reduce his child support assessment. The mother, Ms. Grist, was the carer entitled to receive child support. The dispute centred on whether the father's income, property, and financial resources, particularly the alleged alienation of his income, constituted grounds for departure. The case was heard by Member Schiwy of the Child Support Special Powers Division.

The primary legal issue before the court was whether the father had established a ground for departure from the child support assessment. Specifically, the court had to determine if the father's circumstances, including the alleged alienation of his income, were such that the assessment did not make proper or adequate allowance for his capacity to pay child support, or if the assessment was otherwise unjust or inequitable. A further issue was whether the court should exercise its discretion to depart from the assessment, and if so, what the substituted assessment should be.

Member Schiwy found that the father had indeed alienated his income by directing payments to his spouse, thereby reducing his assessable income for child support purposes. The court applied the principles of the *Child Support (Registration and Collection) Act 1988*, focusing on the father's actual financial capacity rather than his declared taxable income. The court determined that the father's conduct amounted to a deliberate attempt to reduce his child support obligations, and that this constituted a ground for departure. The court also considered the specific expenses incurred by the father, including school fees for the subject child, which were found to be a relevant factor in determining a just and equitable assessment.

The court set aside the original child support assessment and substituted a new assessment that reflected the father's true income and financial capacity. The substituted assessment was calculated to be more reflective of the father's ability to contribute to the child's support, taking into account the alienated income and the relevant expenses.