Epton and Derrick (Child support)

The case of Epton and Derrick concerned a dispute over child support payments, brought before the court for a departure determination. The primary issue revolved around the income, property, and financial resources of the liable parent, specifically their business income, and the appropriate period for any departure from the standard assessment.

The court was required to determine whether to make a departure from the child support assessment under the *Child Support (Registration and Collection) Act 1988* (Cth). This involved considering whether the liable parent's business income was being deliberately manipulated or understated, and if so, what period of departure was just and equitable.

The Senior Member, R Ellis SM, reviewed the evidence presented regarding the liable parent's business income. The Senior Member found that the liable parent's income was not accurately reflected in the standard assessment due to the nature of their business income. Consequently, the Senior Member set aside the original decision under review and substituted a new decision. The court's reasoning focused on ensuring the child support assessment accurately reflected the liable parent's true financial capacity, particularly in light of their business operations.