Devoe and Devoe (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the father, Mr. Devoe, against the mother, Ms. Devoe. The dispute centred on the father's child support assessment, which he sought to have varied due to a significant reduction in his income caused by ill health. The matter came before Member Y Webb of the Child Support Special Powers Division.

The primary legal issue before the court was whether the existing child support assessment should be departed from, pursuant to section 117 of the *Child Support (Registration and Collection) Act 1988*, on the grounds that the father's reduced income due to ill health was a "special circumstance" that rendered the assessment unjust and inequitable. The court was required to consider the income, property, and financial resources of both parents in determining whether to grant the departure.

Member Webb reasoned that the father's ill health had resulted in a substantial and ongoing reduction in his earning capacity, which constituted a special circumstance. The court applied the principles of fairness and equity inherent in the child support legislation, acknowledging that a parent's ability to earn income can be significantly impacted by unforeseen health issues. Having found that the father's reduced income was a special circumstance, the court determined that the existing assessment was indeed unjust and inequitable.

The court set aside the original child support assessment and substituted a new assessment that reflected the father's reduced income due to his ill health.