Grehan and Grehan (Child support)

The matter of *Grehan and Grehan* concerned an application by the father for a departure from the child support assessment made under the *Child Support (Assessment) Act 1989* (Cth). The mother sought to have the father's application dismissed. The case was heard by Magistrate K Timbs.

The primary legal issue before the court was whether the father had established that the existing child support assessment was unjust or unreasonable in the circumstances. This required the court to consider whether any of the specific grounds for departure, as outlined in section 117 of the *Child Support (Assessment) Act 1989* (Cth), were met. The father contended that the assessment was unjust or unreasonable due to a significant change in his financial circumstances since the assessment was made.

Magistrate Timbs considered the evidence presented by both parties regarding the father's income, expenses, and earning capacity. The court applied the principles established in case law concerning departures from child support assessments, focusing on whether the father's changed circumstances were substantial and persistent, and whether the existing assessment would result in significant hardship. The court weighed the father's current financial position against the needs of the children and the mother's capacity to provide for them.

The court found that the father had not discharged the onus of proving that the assessment was unjust or unreasonable. Consequently, the father's application for a departure from the child support assessment was dismissed.