Harley and Payton (Child support)

The case of *Harley and Payton* concerned an application to review a departure determination made by the Child Support Registrar. The dispute involved the assessment of the liable parent's income, property, and financial resources, specifically focusing on benefits derived from their business and salary sacrifice arrangements. The matter was heard by F Hewson M.

The primary legal issue before the court was whether the departure determination made by the Registrar was justified. This required the court to consider whether the liable parent's actual financial circumstances, including benefits received from their business and any salary sacrifice arrangements, were accurately reflected in the child support assessment. The court had to determine if these factors warranted a departure from the standard assessment.

In reaching its decision, the court examined the nature of the benefits derived from the liable parent's business and the implications of their salary sacrifice arrangements. The court applied principles relating to the assessment of income and financial resources for child support purposes, considering how such arrangements might affect the liable parent's capacity to pay child support. The court ultimately found that the departure determination was not justified and set it aside, substituting its own decision.