Dunlop and Seabaugh (Child support)

The matter of *Dunlop and Seabaugh* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the child support assessment, arguing that the liable parent's income was not accurately reflected and that the liable parent should be considered to have a capacity for self-support beyond the assessed amount. The dispute also involved the high costs associated with enabling the liable parent to spend time with the child. The decision was made by Deputy Principal Member D Tucker.

The primary legal issues before the Deputy Principal Member were whether to depart from the child support assessment and, if so, on what grounds. Specifically, the court had to consider the liable parent's actual income and their capacity for self-support, as well as the financial impact of the costs incurred by the liable parent in facilitating time with the child. The court was required to determine if these factors constituted special circumstances that warranted a departure from the standard assessment.

In reaching its decision, the Deputy Principal Member applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure from assessments. The reasoning focused on the accurate assessment of the liable parent's income and their ability to meet their obligations, taking into account the significant expenses associated with maintaining contact with the child. The Deputy Principal Member found that the circumstances presented justified a departure. The decision under review was set aside and substituted with a new determination.