Jager and Jager (Child support)

This matter concerned an appeal by the liable parent, Mr Jager, against a departure determination made by the Registrar of Child Support. The dispute centred on whether the Registrar had correctly determined that a ground for departure existed under section 117(2)(a) of the *Child Support (Registration and Collection) Act 1988* (Cth) and, if so, whether the Registrar had erred in the decision to depart from the assessment. The appeal was heard by the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the Registrar had made a legally sound decision in departing from the child support assessment. This involved a two-stage inquiry: first, whether the Registrar had correctly identified that a ground for departure existed, specifically concerning the income, property, and financial resources of the liable parent; and second, if a ground for departure was established, whether the Registrar had exercised their discretion appropriately in making the departure determination.

The court reviewed the evidence and the Registrar's decision-making process. It was found that the Registrar had erred in their assessment of the evidence relating to the liable parent's financial resources. The court determined that the evidence did not support the conclusion that the liable parent possessed income, property, or financial resources beyond what was already taken into account in the child support assessment. Consequently, the court found that no ground for departure existed under section 117(2)(a) of the Act.

The court set aside the Registrar's departure determination and substituted its own decision. The appeal was allowed, and the original child support assessment remained in effect.