Gaskin and Auster (Child support)

This matter concerned an application by the father, Mr Gaskin, for a departure from the child support assessment made under the *Child Support (Registration and Collection) Act 1988* (Cth) in relation to his two children, born in 2008 and 2010. The mother, Ms Auster, opposed the application. The application was heard by Magistrate Dordevic in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the father had established that the existing child support assessment was unjust or inequitable having regard to the specific circumstances of the case. This required the Court to consider whether any of the grounds for departure listed in section 117(2) of the *Child Support (Registration and Collection) Act 1988* (Cth) were met, and if so, whether a departure from the assessment was justified.

Magistrate Dordevic considered the father's arguments that his income had significantly decreased since the assessment was made due to a change in employment and that he had incurred substantial expenses in relation to his new partner's children. The Court applied the principles established in *D v D* (1997) 22 Fam LR 725, which require a party seeking a departure to demonstrate that the assessment is unjust or inequitable. The Court found that while the father's income had reduced, it had not fallen to the extent claimed, and that the expenses relating to his new partner's children were not a relevant consideration for the purposes of departing from the assessment for the subject children. The Court also considered the father's capacity to pay and the needs of the subject children.

The Court ultimately found that the father had not established that the existing child support assessment was unjust or inequitable. Accordingly, the application for a departure from the child support assessment was dismissed.