Cobb and Mahoney (Child support)

This matter concerned an application by the father, Mr Cobb, for a departure from the child support assessment made under the *Child Support (Registration and Collection) Act 1988* (Cth) in relation to his two children, who reside with their mother, Ms Mahoney. The father sought to reduce his child support liability on the basis that his current income was significantly lower than that used in the assessment, which was based on his previous employment.

The primary legal issue before the court was whether the father had established grounds for a departure from the child support assessment. Specifically, the court was required to consider whether the father's change in financial circumstances constituted a "change of circumstances" as contemplated by the *Child Support (Registration and Collection) Act 1988* (Cth) and, if so, whether it was just and equitable to depart from the assessment. The court also had to consider the father's capacity to earn income.

The court found that the father had indeed experienced a significant change in his financial circumstances due to the loss of his previous employment and his subsequent inability to secure comparable work. However, the court also noted that the father had not demonstrated that he had taken all reasonable steps to secure employment commensurate with his previous earning capacity. Applying the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), the court determined that while a change of circumstances had occurred, it was not just and equitable to depart from the assessment in its entirety, as the father had not fully discharged his obligation to maximise his earning capacity.

The court ordered that the child support assessment be varied, but not to the extent sought by the father. The variation reflected a partial reduction in his liability, taking into account his current, albeit reduced, income and his efforts to find employment.