Jenner and Morton (Child support)

This matter concerned an appeal by the liable parent, Mr Jenner, against a departure determination made by the Registrar of Child Support. The Registrar had determined that the child support payable by Mr Jenner should be increased, based on an assessment of his income, property, and financial resources, including benefits derived from his business and a trust. The appeal was heard by the Child Support Registrar.

The primary legal issue before the Registrar was whether the liable parent's actual financial circumstances, particularly the benefits he derived from his business and a trust, warranted a departure from the formula amount of child support assessed under the *Child Support (Registration and Collection) Act 1988* (Cth). This involved considering whether the liable parent was intentionally under-utilising his income, property, and financial resources, or if his resources were otherwise not fully reflected in the assessment.

The Registrar found that the liable parent had indeed derived significant benefits from his business and a trust, which were not adequately captured by the standard child support assessment formula. The Registrar reasoned that the liable parent had the capacity to make a greater contribution to the child's support than was reflected in the formula assessment, and that it was fair and just to depart from the formula. The Registrar affirmed the decision to depart from the formula.