EGH and SH

[2005] FMCAfam 27

FEDERAL MAGISTRATES COURT OF AUSTRALIA

EGH & SH [2005] FMCAfam 27

CHILD SUPPORT – Administrative assessment – departure application –application for McKenzie friend.

Family Law Act 1975
Child Support (Assessment) Act 1989

In the Marriage of JM and PJ Bryant 20 FamLR 575
In the Marriage of Gyselman (1992) FLC 92-279
In the Marriage of Hides and Hatton (1997) 21 Fam LR 855; FLC 92-759
McKenzie v McKenzie [1970] 3 All E.R 1034
Watson v Watson [2001] FamCA 1470

Applicant: EGH

Respondent: SH

File No: PAM 450 of 2002

Delivered on: 3 February 2005

Delivered at: Parramatta

Hearing date: 28 January 2005

Judgment of: Sexton FM

REPRESENTATION

Solicitors for the Applicant: Watts McCray

Respondent: Self represented

ORDERS

1. That pursuant to section 117 of the Child Support (Assessment) Act 1989, there be a departure from the administrative assessment of child support payable by SH for the child JSG born 2 January 2001 as follows:

   (a)For the period from 15 September 2004 to 31 December 2008 child support be payable at a monthly rate of $350.00.

   (b)That the amount of periodic child support be increased in accordance with the consumer price index for Sydney on
   1 January 2006 and on 1 January each year thereafter. 

2. That the father’s application for his child support arrears to be discharged be dismissed.

3. All outstanding applications are otherwise dismissed. 

4. All exhibits tendered in these proceedings be returned at the expiration of one calendar month unless an appeal is lodged.

5. The solicitor who issued any subpoena collect that subpoenaed material and return it to the owner within seven (7) days.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
PARRAMATTA

PAM 450 of 2002

EGH

Applicant

And

SH

Respondent

REASONS FOR JUDGMENT

Proceedings

1. These proceedings concern child support for JSG born 3 January 2001. The mother filed an application on 15 September 2004 to depart from an administrative assessment of child support. The parties to the proceedings are EGH and SH who are referred to in these reasons as the “mother” and the “father” respectively. The mother was represented by Ms Vincent of Watts McCray. The father was unrepresented. 

2. The mother seeks the following orders:

   a)That the child support liability of SH for the support of JSG born 3 January 2001 be varied as and from 1 October 2003 such that the respondent father shall pay to the applicant mother by way of periodic child support the sum of $500.00 per month.

   b)

   That the amount of periodic child support be adjusted in accordance with the consumer price index for Sydney on

   
   

   1 January 2006 and on 1 January each year thereafter. 

3. The respondent father opposes the mother’s application. 

4. Orders were made in relation to parenting issues on an undefended basis on 9 May 2002. Those orders provided for the child to live with the mother and for the mother to have sole parenting responsibility for his care including the authority to change the child’s name without the father’s consent. The Court noted on the order that the father left…