Kelley and Sanders (Child support)

The matter of *Kelley and Sanders* concerned an application for a departure determination under the *Child Support (Registration and Collection) Act 1988* (Cth). The applicant sought to have the child support assessment varied based on the income, property, and financial resources of both parents, specifically addressing income derived from both employment and self-employment. The decision under review was ultimately set aside and substituted by the court.

The primary legal issue before the court was whether to grant a departure from the child support assessment. This required the court to consider whether the existing assessment was likely to be less than the amount of child support that would be paid if the assessment were made under the provisions relating to the income, property, and financial resources of both parents, and whether, in the circumstances, it was fair and just to make a departure determination. The court had to assess the income of both parties, including income from employment and self-employment, to determine if a departure was warranted.

The court's reasoning involved a detailed examination of the financial circumstances of both Kelley and Sanders. It applied the principles of the *Child Support (Registration and Collection) Act 1988* to determine if the statutory criteria for a departure were met. This included assessing whether the income of one or both parents was significantly different from that used in the original assessment, particularly considering income from various sources. The court's ultimate decision to set aside and substitute the original determination indicates that it found sufficient grounds to depart from the existing assessment based on the evidence presented regarding the parties' financial resources and earning capacities.