Jepson and Jepson (Child support)

The case of *Jepson and Jepson (Child support)* concerned an application by the father for a departure from the child support assessment made under the *Child Support (Assessment) Act 1988* (Cth). The mother sought to have the application dismissed. The matter came before Magistrate K Dordevic in the Magistrates Court of Western Australia.

The primary legal issue before the court was whether the father had established that the existing child support assessment was unjust or unreasonable. This required the court to consider whether the assessment had failed to take into account a disability of the child, or any special circumstances, that would make the assessment unjust or unreasonable. The court also had to determine if the father had demonstrated that the departure from the assessment was otherwise justified.

Magistrate Dordevic considered the evidence presented by both parties regarding the child's disability and the financial circumstances of each parent. The court applied the principles outlined in the *Child Support (Assessment) Act 1988*, particularly section 117, which sets out the grounds for departure from a child support assessment. The court found that while the child had a disability, the existing assessment adequately accounted for the additional costs associated with this disability. Furthermore, the court determined that the father had not demonstrated that the assessment was unjust or unreasonable, nor that a departure was otherwise justified.

Consequently, the court dismissed the father's application for a departure from the child support assessment.