Holden and Kurn (Child support)

This matter concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth) brought by the liable parent, Holden, against the payee parent, Kurn. The dispute centred on whether the child support assessment should be varied due to the liable parent's income, property, and financial resources, and the assertion that the children were not being educated in the manner expected by both parents. The decision was made by Senior Member Dordevic.

The primary legal issue before the court was whether the existing child support assessment should be set aside and a departure determination substituted. This required the court to consider whether the circumstances of the case fell within the grounds for departure as prescribed by the Act, specifically concerning the income, property, and financial resources of the liable parent, and the educational expectations of the parents.

The Senior Member found that the liable parent had not discharged the onus of proof required to establish grounds for a departure determination. While acknowledging the liable parent's financial circumstances, the court determined that these did not meet the threshold for departure under the Act. Crucially, the court found that the assertion regarding the children's education did not establish that the children were not being educated in the manner that would have been expected by both parents had the parents been together. Consequently, the application for a departure determination was refused.