Fitzsimons and Fitzsimons (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the applicant, Ms Fitzsimons, against the respondent, Mr Fitzsimons. The dispute centred on the assessment of child support payable for the parties' adult child, and the applicant's claim for spousal maintenance. The decision was made by Senior Member R Ellis of the Child Support Special Powers Tribunal.

The primary legal issues before the Tribunal were whether to make a departure determination regarding the assessed child support payable for the adult child, and whether to make an order for spousal maintenance. In considering the departure determination, the Tribunal was required to assess the income, property, and financial resources of both parents, including any benefits derived from business interests. The Tribunal also had to consider the respondent's legal duty to maintain the parties' adult child and his duty to maintain his current spouse.

Senior Member Ellis reasoned that the respondent's financial position, particularly the significant benefits he derived from his business, warranted a departure from the standard child support assessment. The Tribunal found that the respondent had the capacity to pay a higher amount of child support than that which was being assessed under the standard formula. Furthermore, the Tribunal determined that the respondent had a legal obligation to provide spousal maintenance to the applicant, considering their respective financial circumstances and the respondent's capacity to pay.

The Tribunal set aside the existing child support assessment and substituted it with a new assessment reflecting a higher child support payment. Additionally, the Tribunal made an order for spousal maintenance in favour of the applicant.