Docherty and Lovatt (Child support)

The case of Docherty and Lovatt concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the assessed child support payable by the respondent. The primary dispute revolved around the parties' respective incomes, property, financial resources, earning capacities, and the necessary commitments each parent had for their own self-support, as well as the costs associated with the education of the children.

The court was required to determine whether any of the grounds for a departure from the child support assessment, as outlined in the *Child Support (Registration and Collection) Act 1988*, were met. Specifically, the court had to consider if the circumstances of the parties were exceptional and warranted a departure, taking into account factors such as their financial positions and the costs of raising the children.

The court found that no grounds for a departure determination existed. It reasoned that the evidence presented did not establish that the existing child support assessment was unfair or that the circumstances of the parties fell within the exceptional categories contemplated by the legislation. Consequently, the court affirmed the decision to refuse to make a departure determination.