Faithfull and Welliver (Child support)

The matter of *Faithfull and Welliver* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to depart from the ordinarily assessed rate of child support payable by the respondent. The case was heard by M Martellotta M.

The primary legal issue before the Court was whether the respondent's income, property, and financial resources constituted a ground for departure from the child support assessment. Specifically, the Court had to determine if the respondent possessed income, property, or financial resources that were not taken into account in the assessment and that would result in the assessment being unjust or inequitable.

The Court found that a ground for departure was established. The reasoning focused on the respondent's financial position, which was found to be significantly different from that which would be assumed under a standard assessment. The Court applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning departure from assessments, considering the overall financial circumstances of the respondent.

The decision to depart from the assessment was made. The Court set aside the original decision and substituted its own determination.