CRAND & CRAND

In the matter of CRAND & CRAND, Stevenson J of the Family Court of Australia considered applications by the husband to discharge interim spousal maintenance orders and a child support departure order, and by the wife for certain monies to be lodged in trust. The husband sought to vary or discharge his obligations due to alleged changes in his financial circumstances, specifically following the external administration of his previously profitable company and his subsequent engagement in paid employment.

The court was required to determine whether the husband had established a sufficient change in circumstances to warrant varying or discharging the interim spousal maintenance order under section 83 of the *Family Law Act 1975* (Cth) and the interim child support departure order under section 129(3) of the *Child Support (Assessment) Act 1989* (Cth). Additionally, the court considered the wife's application that the husband's share of anticipated monies be paid into his solicitor's trust account on account of arrears.

Stevenson J noted that the wife had registered the interim spousal maintenance order with the Child Support Agency, rendering arrears a debt due to the Commonwealth. Under section 30(1) of the *Child Support (Registration and Collection) Act*, the payee is not entitled to enforce payment except by instituting proceedings under section 113A, which requires notification to the Registrar of the intention to do so. The court found a lack of clarity regarding the husband's precise financial circumstances.

The court varied the interim spousal maintenance order and the interim child support departure order. The husband's application for a stay of child support collection was dismissed. Orders were made concerning the wife's application for monies to be lodged in trust, with specific provisions for notification to the Child Support Agency regarding the receipt of funds.