Keysor and Keysor (Child support)

This matter concerned an appeal by the liable parent, Mr Keysor, against a departure determination made by the Registrar of Child Support. The determination had the effect of increasing the child support payable by Mr Keysor. The dispute centred on the assessment of Mr Keysor's income, property, and financial resources for the purposes of calculating child support. 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 erred in her assessment of Mr Keysor's financial position when making the departure determination. Specifically, the Court was required to consider whether the Registrar had correctly taken into account all relevant income, property, and financial resources available to Mr Keysor, and whether the departure from the standard assessment was justified under the relevant provisions of the *Child Support (Assessment) Act 1989* (Cth).

The Court reviewed the evidence presented regarding Mr Keysor's financial circumstances, including his income from employment and other sources, as well as any assets or financial resources that could be considered available to him. The Court applied the principles of statutory interpretation to the *Child Support (Assessment) Act 1989* (Cth) to determine the correct approach to assessing a liable parent's capacity to pay child support. The Court found that the Registrar had failed to properly consider certain aspects of Mr Keysor's financial position, leading to an incorrect assessment.

Consequently, the Court set aside the Registrar's departure determination and substituted its own decision. The Court ordered that the child support payable by Mr Keysor be recalculated based on the Court's findings regarding his income, property, and financial resources.