Cardew and Cardew (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied on the basis of the respondent's income and financial resources, specifically relating to business income. The decision under review was set aside and substituted by the court.

The primary legal issue before the court was whether the respondent's actual income and financial resources were significantly different from that which was used to calculate the child support assessment. This required the court to consider the nature of the respondent's business income and whether it had been accurately reflected in the assessment.

The court's reasoning focused on the assessment of the respondent's business income. It was found that the respondent's business had generated income that was not fully captured by the initial assessment. The court applied the principles of assessing income for child support purposes, which involves looking at actual earnings and financial resources. The court determined that a departure from the assessment was justified due to the discrepancy between the respondent's actual income and the assessed income.

The court set aside the original child support assessment and substituted it with a new assessment that reflected the respondent's actual income and financial resources, thereby increasing the child support payable.