Caden and Pagani (Child support)

The case of Caden and Pagani concerned a child support departure determination. The applicant, Caden, sought to have the child support assessment varied on the grounds that the respondent, Pagani, possessed income, property, and financial resources derived from the operation of a business that were not being adequately reflected in the current assessment. The matter came before the court for review of a previous decision.

The primary legal issue before the court was whether the existing child support assessment should be departed from, pursuant to section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). This required the court to determine if Pagani's actual financial circumstances, particularly those arising from their business, were such that the assessment did not make proper and adequate provision for the child.

The court considered the evidence relating to Pagani's business income and financial resources. It applied the principles of child support law, which require an assessment to reflect a parent's capacity to pay, including income from all sources. The court found that the previous assessment had not adequately accounted for the full extent of Pagani's financial capacity. Consequently, the court set aside the previous decision and substituted its own determination.