Darcy and Darcy (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning a child support departure determination. The applicant, Darcy, sought to have the child support assessment varied on the basis that the respondent, also named Darcy, had a greater capacity to provide financial support for the child than was reflected in the assessment. The dispute centred on the financial resources available to both parents and the appropriate period for which a departure from the standard assessment should apply.

The Tribunal was required to determine whether the existing child support assessment was unfair to the applicant, Darcy, having regard to the specific circumstances of the parties. This involved considering the financial resources of both the applicant and the respondent, and whether the respondent had deliberately reduced their income or financial resources to avoid child support obligations. The Tribunal also had to consider the period for which any departure determination should have effect.

In its reasoning, the Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), particularly the provisions relating to departure from a child support assessment. The Tribunal found that the respondent did possess financial resources beyond those declared, which rendered the existing assessment unfair. The Tribunal considered evidence relating to the respondent's earning capacity and lifestyle.

The Tribunal set aside the original departure determination and substituted its own. It ordered that the child support assessment be varied to reflect a higher amount of child support payable by the respondent, and specified the period for which this variation would apply.