Epworth and Delta (Child support)

The case of *Epworth and Delta (Child support)* concerned a review of a child support departure determination made by the Child Support Registrar. The dispute involved the assessment of a liable parent's income for child support purposes, specifically in relation to lump sum payments received from a family business and WorkCover payments. The matter came before the court for review of the Registrar's decision.

The primary legal issue before the court was whether the Registrar had erred in their assessment of the liable parent's income when considering the lump sum payments and WorkCover payments. This involved determining whether these payments constituted income for the purposes of child support legislation and, if so, how they should be treated in calculating the child support liability. The court was required to consider the nature of these payments and their relevance to the liable parent's capacity to pay child support.

In its reasoning, the court analysed the nature of the lump sum payments from the family business and the WorkCover payments. It applied the principles of child support legislation concerning the definition and assessment of income. The court found that the Registrar's decision had not adequately considered the impact of these payments on the liable parent's income. Consequently, the court determined that the departure determination made by the Registrar was not sound. The court set aside the Registrar's decision and substituted its own determination regarding the child support payable.