Douglas and Heston (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by Douglas (the applicant) for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning child support payable to Heston (the respondent). The applicant sought to have his child support assessment varied on the grounds that the respondent possessed income, property, and financial resources that were not being taken into account in the current assessment.

The primary legal issue before the Tribunal was whether the respondent's income, property, and financial resources constituted a ground for departure from the child support assessment as provided for by the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the Tribunal had to determine if the respondent's financial position was such that it would be fair and just to depart from the standard assessment.

The Tribunal affirmed the decision to depart from the assessment. It reasoned that the respondent had significant financial resources available to her that were not reflected in her assessed income. The Tribunal applied the principles of the *Child Support (Registration and Collection) Act 1988* (Cth), which allows for departure from a child support assessment in circumstances where the liable parent's income, property, or financial resources are significantly different from what is assumed in the assessment, and where such a departure is just and equitable. The Tribunal found that the respondent's capacity to meet her obligations was greater than that indicated by the standard assessment due to her undisclosed financial resources.