Hepton and Roddam (Child support)

This matter concerned an application by the respondent father for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) to vary the assessed child support payable to the applicant mother. The dispute centred on the father's income, property, and financial resources, and whether these warranted a departure from the standard assessment. The case was heard by SM Benk.

The primary legal issue before the Court was whether the father had established a ground for departure from the child support assessment. Specifically, the Court was required to determine if the father's actual financial circumstances, including his income, property, and financial resources, were significantly different from those assumed by the standard assessment formula, and if such a difference would result in an unjust or inequitable outcome for the father.

SM Benk found that the father had successfully demonstrated a ground for departure. The Court's reasoning focused on the father's limited actual income and earning capacity, which was substantially less than what might be inferred from his assets and previous earning history. The Court applied the principles of the *Child Support (Registration and Collection) Act 1988*, considering the father's current financial position and the overall fairness of the assessment in light of his circumstances. The Court concluded that the standard assessment would be unjust and inequitable in this instance.

The Court set aside the original child support assessment and substituted a new assessment reflecting the father's reduced capacity to pay.