Capron and Fielden (Child support)

The case of *Capron and Fielden* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant, Mr. Fielden, sought to reduce his child support liability to his former partner, Ms. Capron, for their child. Mr. Fielden argued that his capacity to provide financial support was significantly reduced due to his commitments to support his step-grandchildren.

The primary legal issue before the court was whether Mr. Fielden's obligation to support his step-grandchildren constituted a ground for departure from the standard child support assessment. Specifically, the court had to determine if the commitment to support step-grandchildren could be considered a commitment to support another child that the parent has a legal duty to maintain, thereby significantly reducing their capacity to support the subject child.

The court reasoned that while parents have a legal duty to maintain their own children, there is no corresponding legal duty to maintain step-grandchildren. The legislation allows for departure where a parent's capacity is significantly reduced due to commitments to support another child they have a legal duty to maintain. As Mr. Fielden had no legal duty to support his step-grandchildren, this commitment did not meet the criteria for a departure determination under the Act. Consequently, the court found no ground for departure had been established.

The decision under review, which affirmed the standard child support assessment, was therefore affirmed by the court.