Cocchiola and Haracera (Child support)

The case of *Cocchiola and Haracera* concerned an application to depart from a child support administrative assessment. The father sought to reduce his child support liability on the grounds of the high costs associated with enabling him to spend time or communicate with his children, and his own necessary expenses. The children resided in another country, and the father argued that business class flights were required for their travel, rather than the cheapest available option.

The primary legal issue before the court was whether the father had established sufficient grounds to depart from the child support assessment under the relevant legislation. Specifically, the court had to consider whether the costs incurred by the father in facilitating contact with his children, and his own necessary expenses, were so high as to warrant a departure from the administrative assessment.

The Deputy President affirmed the decision under review, finding that the father had not provided sufficient evidence to support his claim for a departure. While acknowledging the potential for high costs when children live overseas, the court highlighted the lack of evidence regarding the source of payment for the claimed expenses. The court implicitly applied the principle that a party seeking to depart from an administrative assessment bears the onus of proving that the circumstances warrant such a departure, and that the claimed expenses are both necessary and substantiated. The court was not satisfied that the father had met this evidentiary burden.