Bosanguet and Bosanguet (Child support)

The matter of *Bosanguet and Bosanguet* concerned an application for a change of assessment regarding child support payments. The applicant argued that a change in their circumstances, specifically their inability to work due to a car accident, rendered the existing assessment unjust and inequitable. The case was heard by Senior Member S De Bono.

The central legal issue before the court was whether the applicant's changed circumstances constituted a ground for departure from the standard child support assessment. Specifically, the court had to determine if the inability to work following a car accident made the current level of financial support unjust and inequitable, thereby justifying an adjustment to the assessed taxable income.

Senior Member De Bono found that the applicant's inability to work due to the car accident did indeed establish a ground for departure. The court reasoned that the purpose of child support legislation is to ensure fair and equitable financial arrangements, and a significant, involuntary change in earning capacity due to unforeseen circumstances, such as a serious accident, could lead to an unjust outcome if not addressed. Applying this principle, the court concluded that the adjusted taxable income should be varied to reflect the applicant's reduced capacity to earn. The decision of the objections officer was consequently varied.