Curfman and Saltman (Child support)

This matter concerned an application for a departure determination under the *Child Support (Assessment) Act 1989* (Cth) brought by the father, Mr Curfman, against the mother, Ms Saltman. The dispute centred on the father's child support assessment, which the father contended did not accurately reflect his true income, earning capacity, property, and financial resources due to specific financial arrangements. The decision was made by Member P Noonan of the Child Support Special Powers Division.

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 had to consider whether the father's self-employment, his long-term loans from his personal partner for business use, and a net business loss in one financial year constituted circumstances that warranted a departure determination. The court also had to assess whether a terminating event, which was anticipated to occur soon, was a relevant factor in determining the father's child support obligations.

Member P Noonan reasoned that the father's financial circumstances, particularly the significant loans from his partner which were integral to his business operations, and the recent net business loss, demonstrated a departure from the notional income that would typically be attributed to him under the standard assessment provisions. The court applied the principles outlined in the *Child Support (Assessment) Act 1989* (Cth) regarding the consideration of a parent's income, earning capacity, property, and financial resources when determining child support. The court found that the father had successfully demonstrated that the assessment did not reflect his actual financial position.

Consequently, the decision under review was set aside and substituted. The court made orders to depart from the assessment, reflecting the father's demonstrated financial circumstances.