Gough and Gough (Child support)

This matter concerned an application by the father, Mr Gough, for a departure from the child support assessment made under the *Child Support (Registration and Collection) Act 1988* (Cth) concerning his two children. The mother, Ms Gough, opposed the application. The dispute centred on whether the father's current income was significantly different from his assessed income, and whether this difference warranted a departure from the assessment.

The primary legal issue before the court was whether the father had established grounds for a departure from the child support assessment under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). Specifically, the court had to determine if the father's current income was so different from his assessed income that it would be unfair to the father to maintain the current assessment. This involved considering the father's asserted reduction in income and the reasons for that reduction.

Senior Member Dordevic considered the evidence presented by both parties regarding the father's income. The father claimed a significant reduction in his income due to a change in employment and a subsequent decrease in his earning capacity. The court examined the nature of the father's employment, the reasons for his departure from his previous role, and the prospects of him obtaining comparable employment. The legal principle applied was that a departure from a child support assessment is an exceptional remedy, requiring proof that the existing assessment is unfair due to a significant difference in income. The court found that the father had not provided sufficient evidence to demonstrate a substantial and ongoing difference in his income that would justify a departure from the assessment.

Consequently, the application for a departure from the child support assessment was dismissed.