Dashwood and Dashwood (Child support)

The matter of *Dashwood and Dashwood (Child support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary a child support assessment, focusing on the income, property, and financial resources of the liable parent, particularly income derived from a business. The decision was made by M S Brakespeare.

The primary legal issue before the court was whether the existing child support assessment should be varied. This required the court to consider whether the liable parent's income, property, and financial resources, specifically those generated through their business activities, were such that the assessment did not adequately reflect their capacity to pay. The court had to determine if a departure from the standard assessment was warranted based on these financial circumstances.

The court's reasoning involved an examination of the liable parent's business income and its availability for child support purposes. The principles applied would have centred on the legislative provisions governing departure determinations, which allow for adjustments to assessments when specific financial circumstances are found to be exceptional or not adequately addressed by the standard formula. The court would have assessed whether the income derived from the business was genuinely available to the liable parent and, if so, how it should be factored into the child support calculation. The decision under review was ultimately varied.