Firestone and Firestone (Child support)

This matter concerned an appeal to the Family Court of Australia regarding a child support departure determination. The applicant, Firestone, sought to depart from the formula assessment of child support payable by the respondent, also named Firestone, for their child. The primary dispute revolved around the earning capacity of the carer entitled to receive child support.

The court was required to determine whether the existing child support assessment was less than it would be if it were based on the carer's actual or potential earning capacity. Specifically, the court had to consider if the carer's failure to undertake paid employment was a result of the need to care for the child, or if there were other reasons for their unemployment that would justify a departure from the standard assessment.

The court affirmed the decision of the Registrar, finding that no grounds for a departure determination had been established. The reasoning focused on the principle that a departure is generally not warranted where the carer's unemployment is a reasonable consequence of their responsibility to care for the child. The court found that the carer's earning capacity had not been diminished by the need to care for the child in a manner that would justify a departure from the formula assessment.

The appeal was dismissed, and the original child support assessment was affirmed.