Dowdesell and Wickens (Child support)

The case of *Dowdesell and Wickens* 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, arguing that the standard assessment did not adequately reflect the financial circumstances of the parties and the needs of the child. The matter came before the court for review of a decision made by the Registrar.

The primary legal issue before the court was whether any of the grounds for departure from the child support assessment, as set out in section 117 of the Act, were established. Specifically, the court was required to consider whether the income, property, and financial resources of either parent, their earning capacity, the costs of the child's education, or the manner in which the child was expected to be educated or supported by either parent, constituted exceptional circumstances that warranted a departure from the formula assessment.

In reaching its decision, the court considered the evidence presented by both parties regarding their financial positions and the child's needs. The court applied the principles established in child support jurisprudence, which require a high threshold to be met before a departure determination can be made. The court found that the evidence did not demonstrate that the standard assessment was unfair or that the circumstances were exceptional. Consequently, the court affirmed the Registrar's decision not to depart from the assessment.