Cauley and Lovell (Child support)

This matter concerned an application by the respondent father, Mr Lovell, to vary child support payments payable to the applicant mother, Ms Cauley, for their two children. The primary dispute revolved around the father's claim that his income had significantly reduced since the last assessment, thereby warranting a downward variation of his child support obligations. The application was heard by Magistrate Dordevic in the Magistrates Court of Western Australia.

The court was required to determine whether the father's change in circumstances constituted a "relevant change of circumstances" as defined by the *Child Support (Registration and Collection) Act 1988* (Cth) and, if so, whether it justified a variation in the child support assessment. Specifically, the court had to assess the genuineness and impact of the father's claimed reduction in income on his capacity to pay the assessed child support.

Magistrate Dordevic considered the evidence presented by both parties regarding the father's employment history and income. The court applied the principles of assessing income for child support purposes, which include considering not only actual earnings but also potential earning capacity. The Magistrate found that the father had not demonstrated a sufficient and sustained reduction in his income that would warrant a variation of the existing child support assessment. The court was not satisfied that the father's circumstances had changed in a way that met the threshold for a variation under the relevant legislation.

Consequently, the application to vary the child support assessment was dismissed.