Boiter and D’Esposito (Child support)

The case of *Boiter and D’Esposito* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988*. The primary dispute revolved around the income, property, and financial resources of the liable parent, with the applicant seeking to have the child support assessment varied. The matter was heard by J Leonard M.

The court was required to determine whether the liable parent derived any benefits from their business that constituted additional financial resources beyond their declared income. Furthermore, the court had to consider the earning capacity of the carer entitled to receive child support and whether this capacity presented a ground for departure from the standard assessment.

J Leonard M found that there was no evidence presented to demonstrate that the liable parent possessed additional financial resources derived from their business. The court also concluded that the earning capacity of the carer was not a sufficient ground for departure in this instance. Consequently, the decision under review was set aside and substituted with a new determination.