Danvers and Aguado (Child support)

This matter concerned an appeal by the father, Mr Danvers, against a departure determination made by the Registrar of the Child Support Agency concerning child support payable for the parties' two children. The mother, Ms Aguado, sought to have the Registrar's decision set aside and substituted with her own proposed assessment, which would increase the child support payable. The appeal was heard by Magistrate Hoffman.

The primary legal issues before the court were whether the Registrar had erred in her assessment of the parties' respective incomes, property, and financial resources, and whether the Registrar had correctly considered the costs associated with the children's private education and special medical needs. The court was also required to determine if the father had alienated income, thereby affecting the assessment of his child support obligations.

Magistrate Hoffman found that the Registrar had failed to adequately consider the full financial circumstances of both parties, particularly in relation to the father's earning capacity and the extent to which he had alienated his income. The court applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), emphasizing the need for a fair and accurate assessment of child support based on the actual financial capacity of each parent and the genuine costs incurred for the children. The court also considered the impact of private school fees and ongoing medical expenses on the children's needs.

The court set aside the Registrar's original departure determination and substituted it with a new assessment that reflected a higher child support payment from the father to the mother, taking into account the additional costs of private education and the children's medical requirements.