Hussey and Carsley (Child support)

This matter concerned an appeal by the father, Mr. Hussey, against a decision of the Child Support Registrar concerning the assessment of child support payable for his two children. The appeal was heard by S Letch M in the Federal Circuit Court of Australia. The core of the dispute revolved around the father's asserted inability to pay the assessed child support amount due to his financial circumstances.

The primary legal issue before the court was whether the father had established a departure from the child support formula, specifically under section 117 of the *Child Support (Registration and Collection) Act 1988* (Cth). This required the court to determine if the father's circumstances were such that the formula assessment would be unfair, and if so, what departure, if any, was just and equitable. The court also had to consider the father's income and expenses, and whether he had intentionally reduced his income or incurred expenses to avoid his child support obligations.

His Honour considered the evidence presented by the father regarding his income and expenses, including significant debts and living costs. The court applied the principles established in case law concerning departures from the formula, emphasising that a departure is an exception and not the rule. His Honour found that while the father had demonstrated some financial strain, he had not sufficiently proven that the formula assessment was unfair or that he had intentionally reduced his capacity to pay. The court noted that the father had not provided a comprehensive and credible explanation for his financial position, and that some of his claimed expenses were not adequately substantiated.

Consequently, the court dismissed the father's appeal and affirmed the decision of the Child Support Registrar.