Dewing and Leatherwood (Child support)

This matter concerned an appeal by the father, Dewing, against a departure determination made by the Registrar of the Child Support Agency concerning child support payable for the parties' two children. The mother, Leatherwood, sought a departure from the formula assessment of child support, arguing that the father's actual ability to pay was higher than his assessed income due to his significant business and trust interests.

The primary legal issue before the court was whether the Registrar had erred in making a departure determination under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to consider whether the Registrar correctly applied the grounds for departure, particularly concerning the financial resources of both parents, and whether the departure was just and equitable.

The court found that the Registrar had correctly identified that the father possessed substantial financial resources beyond his declared income, including interests in various businesses and trusts. The Registrar's reasoning that these resources significantly increased the father's capacity to pay child support was upheld. The court affirmed the principle that "financial resources" under the Act encompasses more than just assessable income, and that it was open to the Registrar to consider the totality of a parent's financial position when determining if a departure was warranted. The court concluded that the Registrar's decision to depart from the formula assessment was justified and that the departure was both legally sound and equitable.

The appeal was dismissed, and the Registrar's departure determination was affirmed.