Bowman and Gould (Child support)

The case of *Bowman and Gould* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Bowman, sought to have the assessed child support payable by Gould varied on the basis of Gould's alleged earning capacity. The decision under review was made by the Child Support Registrar.

The primary legal issue before the court was whether the Registrar had erred in refusing to make a departure determination. Specifically, the court had to consider whether Gould possessed an earning capacity that was not being utilised, and if so, whether it was just and equitable to depart from the assessed child support amount having regard to the specific grounds for departure outlined in the Act.

The court affirmed the Registrar's decision, finding that there was insufficient evidence to establish that Gould possessed a significantly greater earning capacity than that which was being reflected in the assessment. The court applied the principles that a departure determination requires a positive finding of an unutilised earning capacity and that the onus is on the applicant to demonstrate that it is just and equitable to depart from the assessment. The court was not satisfied that Bowman had discharged this onus.