Halsey and Halsey (Child support)

The matter of *Halsey and Halsey (Child Support)* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to vary the assessed child support payable by the liable parent. The primary issue before the court was whether the liable parent's income, property, and financial resources constituted grounds for a departure from the standard assessment.

The court was required to determine whether the liable parent possessed income, property, or financial resources that were not taken into account by the child support formula, and if so, whether these circumstances warranted a departure from the assessed amount. The court also had to consider whether such a departure would be fair and just to both the liable parent and the child.

The court found that the liable parent had significant financial resources that were not reflected in the child support assessment. Applying the principles of the *Child Support (Registration and Collection) Act 1988*, the court determined that these undisclosed resources constituted a ground for departure. The court reasoned that it was just and equitable to depart from the assessment to ensure the child received appropriate financial support reflecting the liable parent's true capacity. Consequently, the court set aside the original departure determination and varied the child support assessment.