Jacox and Jacox (Child support)

The matter of *Jacox and Jacox* concerned an application for a departure determination under the *Child Support (Assessment) Act 1989* (Cth). The applicant sought to have the child support assessment varied on the basis that the earning capacity of the liable parent and the significant costs associated with the special needs of the children were grounds for departure. The decision was made by Member K Buxton of the Child Support Special Powers Division.

The primary legal issue before the Member was whether the circumstances of the case met the criteria for a departure from the standard child support assessment. Specifically, the Member had to determine if the earning capacity of the liable parent was such that it justified a departure, and if the costs incurred due to the children's special needs were significant enough to warrant a variation of the assessment.

Member Buxton found that the evidence presented established grounds for departure. The Member considered the earning capacity of the liable parent and concluded that it was relevant to the assessment. Furthermore, the Member determined that the costs associated with the special needs of the children were significant and demonstrably affected the cost of maintaining them. Consequently, the Member decided to depart from the assessment.

The decision to depart was made, and the original decision under review was set aside and substituted with the new determination.