Child Support Registrar and Holub

This matter concerned an application by the husband for leave to seek a departure order regarding child support assessments. The dispute involved child support payable for the period between 3 November 2008 and 4 November 2013. The application was heard by Judge Henderson.

The primary legal issues before the court were whether to grant the husband leave to apply for a departure order under section 112 of the *Child Support (Assessment) Act 1989* and, if leave were granted, whether to make a departure order under section 118 of the Act. The court was also required to determine the appropriate amount of child support payable for the specified period, considering the parties' intentions.

Judge Henderson granted the husband leave to apply for a departure order. The court then made a departure order, setting the total child support payable for each period within the specified timeframe to be equal to the moneys already paid during that period. This approach reflected the parties' clear intention that the overall child support liability should be aligned with the amounts actually paid, effectively extinguishing any outstanding debt for the applicant and preventing any overpayment debt being owed to the respondent mother, resulting in a nil balance of account. The court ordered the refund of the sum of $4610.61 held by the Child Support Registrar to the applicant.