Dowding and Dowding (Child support)

This matter concerned an application by the liable parent, Mr Dowding, for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). Mr Dowding sought to reduce his child support liability on the grounds of hardship, specifically relating to his income, property, and financial resources. The decision was made by Senior Member R Ellis.

The primary legal issue before the court was whether the existing child support assessment imposed an undue burden on Mr Dowding, justifying a departure from the standard assessment. This required the court to consider the extent to which Mr Dowding's income, property, and financial resources, when taken into account, would result in hardship.

Senior Member Ellis found that the ground for departure was established. The court's reasoning focused on the specific financial circumstances of Mr Dowding, indicating that his income, property, and financial resources were such that the current assessment would indeed cause hardship. The court applied the principles governing departure determinations under the Act, assessing the overall financial position of the liable parent against the standard assessment.

Consequently, the decision under review was set aside and substituted with a new determination that reflected the findings of hardship.